2. The summary of the cause of the claim is that Defendant V is obliged to remove the subject matter to be removed under the existing final and conclusive judgment by the existing final and conclusive judgment, and the instant ready-mixed factory exists in addition to the subject matter to be removed under the existing final and conclusive judgment.

However, Defendant V, a company substantially identical to the Z, is obligated not to install a ready-mixed plant and any facilities related thereto under the instant agreement. As such, Defendant V is obligated to remove the instant machinery, etc. installed against the Plaintiffs in violation of the said obligation.

Meanwhile, Defendant V sold all of the instant ready-mixed factory and its site and the instant machinery, etc. on its ground to Defendant B, which is null and void as an anti-social legal act in collusion with the Defendants to circumvent the validity of the previous final and conclusive judgment.

Therefore, Defendant V has the right to claim the delivery of the instant machinery, etc. against Defendant V, and thus, the Plaintiffs seek delivery of the instant machinery, etc. against Defendant V by subrogationing Defendant V, based on the right to claim the removal of the instant machinery, etc. against Defendant V as preserved right.

3. Determination

A. As to the determination on the claim against Defendant V, even if Defendant V bears the duty to remove the instant machinery, etc. at present against the Plaintiffs, Defendant V bears the duty of omission against the Plaintiffs in accordance with the instant agreement, according to the facts and the purport of the entire pleadings acknowledged earlier, Defendant V sells the site of the instant ready-mixed factory and the instant machinery, etc. to Defendant B on November 21, 2016.