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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 28, 2014, the Plaintiff entered into a loan agreement for consumption of money by means of transfer for security and the preparation of authentic deed with E, and the Plaintiff entered into a loan agreement for consumption of money by means of transfer for security to the Plaintiff by lending KRW 500 million to E on each machine listed in the attached list owned by E (hereinafter “instant machine”).
On the same day, the Plaintiff and E prepared a notary public's D office certificate regarding the above contract, No. 182, 2014, and G participating in the Plaintiff's spouse and F at the time of preparation.
B. E and H’s instant machinery, etc. sales and delivery 1) E are the Defendant’s agent, and H on August 31, 2014, the land and its ground and factory buildings (hereinafter “each of the instant real estate”) are the instant real estate to H on August 31, 2014.
(3) The instant machines, etc. (hereinafter “instant machines, etc.”) are installed in the factory including the instant machines.
(2) The sales contract of this case was sold for KRW 5.6 billion (hereinafter “instant sales contract”).
(2) On September 1, 2014, H completed the registration of ownership transfer based on sale as of August 31, 2014. At that time, H received delivery of each of the instant real estate and the instant machinery, etc. from E.
C. On March 31, 2015, H transferred each of the instant real estate and the instant machinery, etc. to C (hereinafter “C”) following the transfer of business under Article 32(1) of the Restriction of Special Taxation Act. As to each of the instant real estate, H completed the registration of transfer in the name of C on May 29, 2015.
C, which provides security for transfer, such as the instant machinery, to the Defendant, was borrowed from the Defendant on May 14, 2015, set up a security for transfer in the instant machinery, etc. and by means of the possession and alteration of ownership.