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

A. On December 3, 2012, A borrowed KRW 60,000,00 to the Plaintiff on December 6, 2014 at the time of repayment. On December 6, 2013, A drafted a notarial deed of monetary loan for transfer security (No. 506, 2013, hereinafter “transfer security agreement”) with the effect that ownership of the instant machinery is transferred to the Plaintiff by means of possession revision for the purpose of securing the performance of the said loan obligation.

B. On July 9, 2013, prior to the preparation of the said notarial deed, A entered into a facility lease agreement with a non-Esp Capital Co., Ltd. (hereinafter “non-Esp Capital”) on the instant machinery, which is one’s own possession, with the acquisition cost of KRW 150,000,000, the lease period of KRW 36 months from the issuance date of the receipt of the leased object, the lease deposit amount of KRW 45,00,00, and the lease fee of KRW 3,476,401, monthly.

C. Meanwhile, the Defendant currently occupies and uses the instant machinery.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3, and the fact-finding results on the non-Es Capital of this court, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The plaintiff, who is the mortgagee of the instant machinery, can exercise his right as the owner of the instant machinery in relation to the third party. Thus, the defendant who possesses the instant machinery has a duty to deliver it to the plaintiff.

B. At the time when the Defendant’s assertion was concluded between the Plaintiff and A, the owner of the instant machinery at the time of the conclusion of the transfer security agreement between the Plaintiff and A. Therefore, the Plaintiff, who received the instant machinery transferred for security from an unentitled person A, cannot claim the right against the third party.

C. Therefore, at the time of the instant transfer security agreement, the owner of the instant machinery was examined as to whether A was the owner of the instant machinery, and the so-called financial lease purchased from the lessee the leased object designated by the lessee.