1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by F from F (hereinafter “F”)

B. Around August 20, 2014, the Plaintiff engaged in industrial gas manufacturing, sales, etc. concluded a goods supply contract with E for industrial gas supply, and installed movable property listed in the separate sheet, which is piping facilities, on the instant real estate (hereinafter “instant movable property”).

C. The above lease contract was terminated due to E’s default, and the Defendant leased the instant real estate from F around March 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 7, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. (1) The Plaintiff’s assertion is that the instant movable is leased to E for the purpose of supplying industrial gas, and is owned by the Plaintiff.

However, the Defendant, as a lessee of the instant real estate, occupies the instant movable without title.

Therefore, the defendant is obligated to deliver the movable property of this case to the plaintiff.

On the other hand, when it is impossible to deliver the instant movable, the Defendant is obligated to pay 9.57 million won, which is the market price of the instant movable property, to the Plaintiff.

(2) The Defendant’s assertion is the possessor of the instant real estate, who is the lessee of the instant real estate, keeps the instant movable property installed in the instant real estate at the request of F, a lessor.

B. (1) Determination is that a person who actually controls an article under another person’s instruction through relationship of household affairs, business and other similar relations (Article 195 of the Civil Act). The business relationship referred to in this context is generally based on an employment contract, but may occur under various contractual relationships, such as delegation, contract, and deposit, and other similar relations shall be governed by the order of the other person.