1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim is dismissed.

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. The Plaintiff is a company established for the purpose of trade business and gas container wholesale business, and the Defendant is a company established for the purpose of international air freight transport business, bonded transportation, customs clearance, bonded warehouse business, container, general cargo transport business, etc.

B. On September 18, 2014, the Plaintiff, a Chinese corporation, provided LPG-20k LPG-20 kilograms, a domestic gas container, from a Chinese corporation, to the Defendant. Around that time, the Plaintiff entrusted the Defendant with the business related to the transportation of the goods.

C. Around November 8, 2014, around 2014, the Plaintiff, an export agent of the Aeronautical Station, shipped the goods indicated in the attached list manufactured by the Aviation Station Limited Corporation (hereinafter “instant goods”). Around that time, the instant vessel entered a port of upstream and arrived at the port of Busan on November 14, 2014, and the Defendant currently occupies the instant goods.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 7, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant requested customs documents necessary for the import declaration of the goods of this case to the defendant, but the defendant did not comply with the import declaration without any justifiable reason, and sought delivery of the goods of this case against the defendant who occupied the goods of this case without permission.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 5, 9, and 13, the court below issued a seizure and collection order on August 20, 2015 regarding “the Plaintiff’s right to claim delivery of the instant goods against the Defendant” under the Busan District Court 2015TTT No. 2015Kadan21117, which issued a final judgment on the purchase price of the goods as executive title as KRW 74,29,411, on August 20, 2015. Based on the above determination, the court below issued a seizure and collection order on the right to request delivery of corporeal movables against the Defendant.