A. On August 30, 2004, the Dispute Resolution Co., Ltd.: (a) acquired ownership by winning a successful bid for a factory site D 8,173.1m2 and a single-story factory 4,087.05m2 (hereinafter “high-rise factory”); and (b) on the same day, a machinery, apparatus, etc. installed in the above factory at the time (hereinafter “the subject matter of the factory mortgage in this case”) with respect to the subject matter of the factory mortgage in this case under Article 7 of the Factory Mortgage Act (hereinafter “the subject matter of the factory mortgage in this case”), and thereafter, (c) the Plaintiff bank established a right to collateral (1.781,000,000 won in the front of the maximum debt amount) with respect to the subject matter of the factory mortgage in this case by December 27, 2012; (d) obtained several recommendations, such as facility funds, etc. from the Plaintiff bank as collateral.

B. On the other hand, on September 23, 2014, the Defendant prepared a notarial deed of a contract for collateral transfer and repayment of debt under the conditions of acceptance of compulsory execution under the condition that “the debt amount is KRW 300 million and the due date is September 22, 2015, etc.” with respect to each of the corporeal movables listed in the separate sheet in the old factory, which was located in the BB, as of September 23, 2014. On August 17, 2015, the Defendant filed an application for compulsory execution with this court on August 17, 2015, based on the executory exemplification of the said notarial deed, and the enforcement officer seized each of the corporeal movables listed in the separate sheet in the BBB, which was owned by the KCAB.

C. On September 4, 2015, the Plaintiff bank applied for a stay of compulsory execution, which was filed by this Court No. 2015Kadan180, the said court rendered a ruling of suspending compulsory execution on September 8, 2015, stating that “The Plaintiff bank deposited KRW 40 million for the Defendant, on condition that the Plaintiff bank deposit for the Defendant, the Defendant’s compulsory execution against each corporeal movable property listed in the separate sheet shall be suspended until the judgment of this case is rendered,” and the Plaintiff bank.