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

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

1. Facts of recognition;

A. The Defendant leased the instant building to the owner of the building listed in [Attachment List No. 1 (hereinafter “instant building”) and leased the instant building to the Seo-gu Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), but at present, leased the instant building to Esp Co., Ltd. (hereinafter “Esp”).

B. Around August 20, 2014, the Plaintiff entered into an industrial gas supply contract with Nonparty Company. On August 20, 2014, the Plaintiff agreed to lease facilities listed in attached Table 2 (hereinafter “instant facilities”) to be used for the said gas supply free of charge.

around that time, the Plaintiff installed the instant facilities in the instant building, and the Nonparty Company was supplied with gas from the Plaintiff using the instant facilities.

C. Around December 2015, Nonparty Co., Ltd. was insolvent, and the Defendant leased the instant building to Esphers.

Esp are being supplied with gas by gas suppliers other than the plaintiff, and the facility of this case is not used.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 5, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is the owner of the instant facility.

The Defendant is the owner of the building of this case, and Esp, the lessee of the building of this case, is not using the facility of this case, so the Defendant should be deemed to possess the facility of this case.

Therefore, the defendant is obligated to deliver the facility of this case to the plaintiff and, if the delivery execution is impossible, to refund the amount equivalent to the market price of the facility of this case.

B. The summary of the Defendant’s assertion does not occupy the instant facility and does not have any relationship with the Plaintiff with the claim, and thus does not have any obligation to deliver the instant facility to the Plaintiff. The Defendant does not have any right to dispose of the instant facility.

3. Determination

(a)for the purpose of claiming the surrender or delivery on the ground of an illegal possession, in reality;