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1. The defendant succeeding intervenor's request for intervention shall be dismissed;
2. The plaintiff's claim is dismissed.
3. Of the costs of lawsuit.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is a business entity manufacturing and selling water shoot machinery with the trade name of “C,” and D Co., Ltd. (hereinafter “D”) operated sanitary products wholesale and retail business at a factory listed in [Attachment 1] No. 4 and 5 of the Real Estate List (hereinafter “instant factory”). The Defendant is a bank that granted a loan to D as security for the instant factory, etc.
B. 1) On July 12, 2016, the Plaintiff supplied the instant machinery and paid the instant machinery (hereinafter “instant machinery”) between D and D on July 12, 2016.
(1) A mechanical supply contract (hereinafter referred to as “instant supply contract”) with the content that it will produce and supply in the cost of KRW 480 million (excluding value-added tax) (hereinafter referred to as “instant supply contract”).
The contract was concluded, and the ownership reservation agreement as follows (hereinafter referred to as the “instant ownership reservation agreement”).
(2) The Plaintiff manufactured the instant machinery in accordance with the instant supply contract and installed it in the instant factory on August 30, 2016, and D paid KRW 390,000,000,000 to KRW 117,000 on January 25, 2017.
C. The preparation of each of the instant notes and the auction 1 of the instant machinery, in order to secure the claim for loans against D, the Defendant concluded a security right agreement, such as a security right agreement, on May 17, 2016, with respect to each of the real estate listed in [Attachment 1] List of Real Estate Claim Nos. 1, 2, and 3, which is the site for the instant factories, with respect to each of the real estate indicated in [Attachment 1] List of Real Estate No. 1, 2, and 1,000,000 won, the debtor D, the maximum debt amount of KRW 1,50,000,000,000 won on August 30, 2016, and each of the adjoining mortgage establishment registration in the debtor D, with respect to each of the following facilities.