1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on the cause of the claim

A. The facts of recognition 1) A and B, etc., purchased machinery from an installment financing company, sold the purchased machinery, and conspired to receive a “work loan” under the name of the insurance company having received insurance proceeds by making a false report on theft. 2) Accordingly, B, on October 23, 2012, concluded a contract for the purchase of each machinery listed in the separate sheet (hereinafter “instant machinery”) from Hyundai Fa Co., Ltd. (hereinafter “on-site subrogation”), and upon receiving KRW 149.6 million out of the purchase price of the instant machinery, etc. from the Plaintiff operating the installment financing business, etc. on October 29, 2010, upon receiving the loan from the Plaintiff to the Plaintiff, the Plaintiff would have occupied and repaid the total amount of 174,094,484 won by installments from December 31, 2012 to November 30, 2015, and transferred the ownership of the instant machinery, etc. to the Plaintiff by taking possession of and using the instant machinery, etc. as collateral.

3) Upon delay in the repayment of the above installment, the Plaintiff received a provisional disposition prohibiting the possession, transfer, and disposal of the instant machinery from the Changwon District Court 2013Kadan169 against B on April 15, 2013. On April 23, 2013, the execution of the provisional disposition was made by the “D Company” located in Kimhae-si C. On May 2013, A and B sold the instant machinery at KRW 50 million to the Nonindicted Ga, a company operating the manufacture and sales business of automobile parts, etc. (hereinafter “G”), and around July 16, 2013, the Defendant concluded a contract to purchase the instant machinery with F (hereinafter “F”) and delivered the instant machinery to F (hereinafter “F”) on July 203, 2013.