The case accepting an application for a provisional disposition for delivery of corporeal movables, where the right to claim the delivery of business facilities, etc. leased as the right to preserve the original state after cancelling the franchise agreement for convenience stores;

Since the respondent terminated the above convenience store franchise agreement on the ground that the respondent has failed to perform the obligation to remit money under the convenience store franchise agreement, the respondent has a duty to restore the original state to the applicant such as computer management equipment, ice-making equipment and office equipment, etc., and the respondent has a duty to deliver part of the above business equipment to the applicant. After the termination of the contract, if the respondent damaged the part of the above business equipment and occupies the above business equipment in a state where it is likely to easily damage the above business equipment, the Respondent's right to claim delivery of corporeal movables is recognized as the right to preserve.

Article 714(1) of the Civil Procedure Act

Boll Co., Ltd.

Kim Jong-chul

1. Subject to the condition that the applicant deposits gold KRW 17,00,000 as security, the respondent shall temporarily deliver to the applicant the goods listed in the Schedule in the Schedule.

2. The applicant may submit in lieu of the above deposit a certificate entering into a payment guarantee entrustment contract with the above amount as the insured amount.

3. Litigation costs shall be borne by the respondent;

The same shall apply to any specific order other than the security deposit money.

1. The following facts can be acknowledged in full view of the statements and images of No. 1 (L.C. 2 through 4 (T. Certification Post), No. 5-1 (Provision of Education), No. 2, 3 (P. E., No. 6 (Request for Prohibition of Infringement of Service Mark), No. 7 (W.C.), No. 8 (Report on Cash Settlement), No. 9-1 through No. 4 (C.), and the testimony of E.C. witness's disease, as a whole, and the whole purport of the pleading in the testimony of E.S. witness's disease:

A. On September 27, 1991, the applicant entered into a Respondent agreement with the respondent with respect to the Respondent's 20-20 points for the Respondent's name in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, 325-20-20 points for the Respondent's name, with the following contents:

(1) The applicant, as a franchise store, may use the respondent as a franchise store by obtaining the service marks and marks, symbols, designs, labels, signboards and other articles listed in the annexed sheet, which are necessary for the operation of the service store, from the applicant as a franchise store, and provide the respondent with daily life goods and miscellaneous goods on credit at the service store.

(2) The respondent shall transfer to the bank deposit account accounts designated by the Respondent all daily total sales amount, sales incentives, and other miscellaneous revenues, the amount remaining after the Respondent paid directly by the Respondent, excluding the purchase product amount or the sales expenses.

(3) The term of the contract shall be ten years by the end of the 120th month, including the month in which the date of the contract falls.

(4) The applicant may terminate the above contract if the respondent does not transfer it to the above Respondent and if the respondent does not perform the contract seven days after the receipt of the peremptory notice, the applicant may terminate the contract.

(5) When the above contract is terminated upon termination, the respondent shall cease to use the goods listed in the separate sheet leased from the applicant for business purposes and return it to the applicant.

B. After that, the respondent leased the items indicated in the separate sheet, which are the collection and equipment necessary for the above service of the above service store, from the applicant, and continued to be supplied with daily life goods and miscellaneous goods. From November 20, 1993, the respondent did not entirely transfer the above "on-delivery" to the applicant from November 20, 1993.

C. The applicant, on the 29th of the same month, notified the respondent in writing that he/she shall perform the obligation to remit the above "on the Respondent", but the applicant does not comply with this, and thus the above contract was terminated on the 12.11th of the same year on the ground of the

D. However, from February 194, the respondent joined the "F.C.B" which is a separate franchise system, and entered the above store's signboards, carries on business by removing letters from the applicant's service marks, and attaching a separate word "F&A" which is the applicant's service marks. Among the goods listed in the attached list, the Respondent's computerized management equipment, which stores the store's sales information to be immediately delivered to the chain headquarters, along with ordinary goods, is likely to cause pollution by dust or other non-processed things, without using the ice-produced machine (F.C.B.) for a long time, leaves the ice-manufactured machine (F.B.), and continues to use the remaining goods for the respondent's business, and without thoroughly keeping and managing them, it is likely to cause damage to the ice's business.

2. According to the facts recognized in the above 1-A through 1-3, the above convenience store franchise agreement was actually terminated due to the applicant's termination of the contract, and even if not, the respondent is obligated to deliver the goods recorded in the attached list to the applicant as a reinstatement according to the agreement described in the above 1-A (5) after the termination of the contract. Thus, the respondent is obligated to deliver the goods recorded in the attached list to the applicant as a reinstatement according to the agreement described in the above 1-A (5). In the meantime, the right to be preserved in this case has been proved, and the necessity of the preservation is recognized in light of the facts recognized in the above 1-A-D, so the applicant's application in this case shall be accepted in the grounds, but it is so decided as per Disposition with the condition that the applicant puts on condition that

Judges Thai-man (Presiding Judge)