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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant did not have received a delivery of the instant crushing machine from the plaintiff.
It is completely different from the pulverization machine in the possession of the defendant.
B. Determination 1) The issue of whether a person occupies the object of transfer in the claim for transfer of collateral constitutes a principal fact (fact-finding) and thus, it constitutes a subject of judicial confession. According to the records of this case, the plaintiff submitted to the first instance court on April 24, 2019 a written complaint stating that "the plaintiff seeks the return of the instant crushing machine to the defendant as a mortgagee." The written complaint clearly states the model name of the instant crushing machine in the form of a written complaint, and the defendant, upon receipt of the written complaint, submitted to the first instance court on May 8, 2019, a summary dispute mediation document stating that "B paid KRW 25 million to B, and brought about the instant crushing machine." On the first instance court on May 8, 2019, it is reasonable to view that the defendant's confession in the principal fact that the defendant occupies the instant crushing machine was established as a confession in the first instance court on the first instance court date, and therefore, it is reasonable to deem that the defendant's confession in the judgment against the previous defendant's allegation that the confession and revocation of 201.
A confession contrary to the truth pursuant to the proviso to Article 288 of the Civil Procedure Act may be revoked when it is proved that it was due to mistake, and the evidence submitted by the defendant alone is contrary to the truth and is erroneous.