1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 10, 2014, the Plaintiff’s operation of the entertainment tavern and the establishment of the instant facilities (hereinafter “the instant entertainment tavern”) leased the first basement floor of the instant building from F, a co-owner of the building in the Guri-si, Guri-si on June 10, 2014, and thereafter thereafter (hereinafter “the instant entertainment tavern”).

(2) G Co., Ltd. (hereinafter “G”) operated a business license for the instant entertainment tavern in order to secure the obligation to pay alcoholic beverages to G, and the Plaintiff and D received a business license for the instant entertainment tavern in the joint name of the Plaintiff and H (G employees).

3) From December 2, 2015 to February 2, 2016, the Plaintiff completed interior works including the installation of the instant facilities, etc. on the instant entertainment tavern. (B) The Plaintiff filed a lawsuit against the Plaintiff and D seeking delivery of the instant entertainment tavern on the grounds of the delinquency in rent, and the Plaintiff was awarded a favorable judgment (Government District Court Decision 2015Da39937) on July 6, 2016, and the said judgment became final and conclusive around that time.

2) On September 1, 2016, D contains a statement of performance (hereinafter referred to as “instant performance statement”) stating that “IB club facilities, fixtures, office fixtures, equipment, etc. owned by each person in the first floor store below the ground due to Ha [F]’s lawful performance of surrendering order, D may waive any ownership and right to dispose of all IB club facilities, fixtures, fixtures, etc. owned by each person, and transfer them to Ha without compensation, and in the future, D will not claim any ownership or right against your facilities, fixtures, fixtures, fixtures, etc. in the store.”

3) On September 20, 2016, F completed the delivery execution of the instant entertainment tavern with the title of execution on September 20, 2016.

The execution of the instant facilities, which are corporeal movables within the subject matter of execution, shall be made by means of being kept by the plaintiff and D to the creditor's representative by refusing to receive them.