1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a creditor who has a claim for the amount of KRW 110,844,721 for the price of the goods and damages for delay for the price of the goods to be sold to ethyl Co., Ltd. (hereinafter referred to as “cosethyl”).

B. The Defendant is a mortgagee who completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) under the Cheongju District Court No. 11057, April 17, 2014, received as of 11057, regarding the machines, etc. listed in the separate sheet (hereinafter “instant machines”) in the name of Cheongju District Court A (hereinafter “A”).

C. The Defendant filed an application for voluntary auction of the instant machinery, etc. upon the registration of the establishment of the instant neighboring facilities. On August 18, 2014, the Cheongju District Court rendered a voluntary decision to commence auction of the instant machinery, etc. (B; hereinafter “instant auction procedure”), and on December 16, 2015, the distribution procedure was completed by opening the date of distribution of the said auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 10, 11, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. On November 25, 2010, the summary of the Plaintiff’s assertion transferred the instant machinery to C and D, and C provided the instant machinery as security on April 17, 2014 under the name of A, the actual representative of C, but the said sale and purchase contract between C and C and D was revoked by fraudulent act (Cheongju District Court Decision 201Da245, 1514, 1514, 2135, 2340, 2012Gahap402, 201). Thus, the instant machinery was recovered from the liability property of dynamics. Thus, the instant auction should be denied.

B. A lawsuit of demurrer by a third party is a lawsuit seeking an objection against a compulsory execution that is practically being carried out by a third party who has the ownership, right to restrain transfer or delivery of the object of compulsory execution, and thus, the pertinent compulsory execution is concerned.