1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) On October 21, 2013, the Defendant filed a lawsuit against the Plaintiff demanding delivery of each of the following machines and apparatus by asserting that “The Plaintiff purchased the machines and apparatus owned by the Defendant in the Daegu District Court C auction procedure, but the following machines and apparatus are still excluded from auction and still owned by the Defendant” (hereinafter referred to as “pre-appeal”) by the Daegu District Court Decision 2013Da50920.

A) The Defendant filed a suit. The Defendant, while filing the suit, entered the Plaintiff’s address into Yongcheon-si B, the Plaintiff’s domicile, the Plaintiff’s domicile. DE2), sent a duplicate of the complaint and the litigation guide to the above address on November 10, 2013, and at the time, F, the joint representative director on the Plaintiff’s corporate register, directly received it on November 13, 2013.

On December 20, 2013, the above court served a notice of the date of rendering a judgment without pleading to the Defendant at his domicile, but sent the notice to the Defendant on January 13, 2014, if the notice was not served due to the unknown address of the director.

3) On January 14, 2014, based on Articles 208(3)1 and 257 of the Civil Procedure Act, the above court rendered a judgment accepting all the Defendant’s claims against the Plaintiff (hereinafter “instant prior judgment”).

On the 15th of the same month, the original of the judgment was served on the Defendant on January 28, 2014, but the service of the original of the judgment was not possible due to the director’s unknown. (b) The Plaintiff, as a result of the previous appeal case, submitted a petition of appeal against the previous judgment on May 11, 2016, but the appellate court dismissed the Plaintiff’s appeal on the grounds that the said appeal on December 22, 2016 failed to meet the requirements for subsequent completion of procedural acts under Article 173(1) of the Civil Procedure Act, and on the grounds that it is unlawful. [In the absence of dispute over the grounds for recognition, evidence No. 2-1, evidence No. 4, 5, 10, evidence No. 10, and evidence No. 1, and the purport of the entire pleadings, as a whole, the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is that the plaintiff's actual representative is G and G is under detention.