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1. The defendant shall provide each of the items listed in the separate sheet No. 1 among the items indicated in the separate sheet No. 1 in Kimhae-si E to the plaintiff.
Reasons
1. Basic facts
A. On May 10, 2017, the Defendant was appointed as a trustee in bankruptcy of a stock company B (hereinafter “B”) as the court of this Court No. 2017Hahap108.
B. Around November 2017, the Defendant: (a) announced a successful bid to sell scrap metal, the assets of B, through an open bid; and (b) the Plaintiff presented KRW 1,447,50,000, the highest price in an open bid executed on December 13, 2017.
C. On December 14, 2017, the Defendant and the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the permission of the bankruptcy court, setting the sales price of KRW 1,447,500,00 with respect to the scrap metal in the main factory (excluding gold metal) (hereinafter “instant factory”), the main factory located in Kimhae-si F, the main factory located in Kimhae-si, and the three-dimensional factories located in Kimhae-si G (hereinafter “instant factory”).
The Defendant delivered to the Plaintiff the scrap metal in the remainder of the factory except for the goods listed in the separate sheet No. 1 (hereinafter “instant goods”) in accordance with the instant sales contract, and the Plaintiff paid the purchase price to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings
2. The assertion;
A. According to the Plaintiff’s sales contract, the remainder of scrap metal except for gold bars in the factory indicated in the order was the subject matter of sale, and the subject matter of this case is used for the disposal and loading of floor straws for the purpose of planting heat after the completion of the work.
Thus, since the article of this case cannot be seen as a gold-type, it constitutes the object of the sales contract of this case, the defendant is obligated to deliver the article of this case to the plaintiff.
B. The instant goods by the Defendant and the Defendant’s Intervenor are used as movable property necessary for business activities, which are fixed and solided in a certain place, and perform a specific function, as the floor protection material for working purposes.
Therefore, the instant article.