1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. On March 2016, the Plaintiff entered into a service contract with G (hereinafter “G”) with respect to the repair of movables listed in the separate sheet owned by G (hereinafter “instant machinery”) around KRW 61,60,000, and KRW 18,700,000 with respect to the replacement of parts of the instant machinery around October 2016, and completed the service work.

On September 30, 2016, the Plaintiff received KRW 5,000,000 from G out of the service payment of KRW 80,300,00 (= KRW 61,600,000).

In order to secure the repayment of the unpaid amount of KRW 75,300,000 (i.e., KRW 80,300,000 - KRW 5,000) between G on October 5, 2016, the Plaintiff entered into a contract for the creation of a security interest in movable property with the maximum debt amount of KRW 96,00,000 for the instant machinery, and completed the registration thereof. The Plaintiff acquired the ownership of the instant machinery by means of an occupancy amendment.

G concluded a transfer contract with the Defendant on December 31, 2016 that the Defendant transfers the machinery equipment and well-being of G, including the instant machinery, to the Defendant unless the Defendant pays KRW 197,010,122, which was borrowed from the Defendant by May 30, 2017.

The Plaintiff received additional payment of KRW 20,000,000 from G from November 2016 to February 2017.

G did not repay the remaining service costs of KRW 55,300,000 (=75,300,000 - 20,000,000). On September 6, 2017, the Plaintiff conducted a seizure of corporeal movables on the instant machinery based on the security interest in movable property, but it became impossible to execute the instant machinery on the ground that the Defendant occupied the instant machinery.

[Ground of recognition] Facts without dispute, Gap 1 through 8, witness H's partial testimony, the purport of the whole pleadings

2. Determination

A. If a security contract is concluded on a movable property to determine the primary cause of a claim, and the mortgagee has received delivery by means of possession revision, even before completing the liquidation procedure, the mortgagee does not have the right to use and benefit from the collateral, but is against the third party.