1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall include the costs incurred by the succession.

1. Basic facts

A. On September 20, 2015, the Defendant entered into a contract under which the instant machinery was manufactured at KRW 450,000,000 (excluding value-added tax) with the Nonparty Company (hereinafter “instant manufacturing contract”), and determined that the ownership of the instant machinery exists to the Defendant until the payment is completed.

B. Around March 2016, the Defendant manufactured the instant machinery and installed it in the factory of the non-party company.

C. 1) On March 31, 2016, the non-party company entered into a loan agreement of KRW 350,000,000 with the Plaintiff’s money for purchasing machinery, and entered into a mortgage agreement providing the above loan as collateral with the land and factory of the non-party company, and entered the instant machine in the list of the subject-matter of the right to collateral security. 2) Meanwhile, on March 31, 2016, the Plaintiff deposited KRW 350,000,000 under the above loan agreement into an account under the name of the defendant upon delegation by the non-party company.

1) D filed an application for a compulsory auction against the non-party company to Daejeon District Court D for a compulsory auction (hereinafter “instant auction case”) on June 27, 2018, and received a decision to commence the auction on June 27, 2018 (hereinafter “instant auction case”).

(2) On the ground that the Defendant et al. did not receive the payment from the non-party company, the Defendant et al. filed a lawsuit against D against the Defendant on the ground that he/she had ownership of the instant machinery by the non-party company, Daejeon District Court 2018Kahap20398, and filed an application for the suspension of compulsory execution with the said court 2018Kadan3004.

3. On October 1, 2018, the above court rendered a decision to suspend compulsory execution until a judgment on the merits is declared, on condition that a security is provided on October 1, 2018. On November 28, 2018, D rejected compulsory execution on the instant machinery, etc., and rendered a favorable judgment that approves the decision to suspend compulsory execution on the grounds that D did not dispute the Defendant’s assertion. On December 15, 2018, the above judgment became final and conclusive.

E. The plaintiff is against the non-party company F of the Daejeon District Court's official residence branch.