A. On August 7, 2006, the Plaintiffs entered into a transfer security agreement with D Co., Ltd. (hereinafter referred to as D) on a yearly interest rate of KRW 800 million (12% per annum, due date of payment, August 7, 2007 (hereinafter referred to as “instant loan claim”) and entered into an agreement on the transfer of ownership between D and D by means of possession revision (hereinafter referred to as “instant machinery”) with the content that the Plaintiff transfers ownership of real estate listed in the attached Table 2 list (hereinafter referred to as “instant factory”), which is set up in the attached Table 1 list (hereinafter referred to as “instant machinery”). The notarial deed (No. 1072 of August 7, 2006, 206, No. 1006) of a money loan agreement on the transfer security (hereinafter referred to as “the instant security right”).

B. D, upon obtaining a loan from the Industrial Bank of Korea on March 30, 2009, established the right to collateral security (hereinafter “instant right to collateral security”) on the instant factory including the instant machinery in accordance with the Factory Mortgage Act, and completed the registration of establishment of a neighboring mortgage (No. 59163, which was received on March 30, 2009 by the Suwon District Court, Seosung District Court, the registration office of the establishment of mortgage security (hereinafter “the instant right to collateral security”).

C. On September 28, 2013, the Industrial Bank of Korea transferred the instant right to collateral security and its secured claim to the Defendant, and notified the transfer to E on September 30, 2013.

On March 3, 2014, the Defendant, as Suwon District Court C, received a voluntary decision to commence the auction of the instant factory and the instant machinery based on the instant collateral security.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul 2, 6 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. If a security contract is concluded on a movable property to determine the cause of the claim, and the mortgagee has received it by the method of possession revision, even before completing the liquidation procedure, the mortgagee is not entitled to use and benefit from the collateral, but is related to the third party.