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1. The plaintiff's claim is dismissed.
2. On October 24, 2016, this Court rendered a request for a stay of compulsory execution against this Court.
Reasons
1. Basic facts
A. At around 2009, C newly built E hotel on the ground of the third and the 18th floor above the ground (hereinafter “instant building”) and completed registration of the preservation of ownership on November 23, 2010. From May 201, F Co., Ltd operated hotel business in the instant building using the goods indicated in the attached list (hereinafter “instant equipment”) on its own ownership from around May 201.
B. On June 2012, the first mortgagee of the instant building applied for a voluntary auction to the Gwangju District Court Seocheon Branch G G, which was decided to commence the auction on June 26, 2012. On February 12, 2014, the Plaintiff paid the sale price at the above auction procedure and acquired the ownership of the instant building.
C. After the instant equipment was seized by the F’s creditors, I purchased the instant equipment at KRW 130 million at the auction procedure for corporeal movables conducted with the Gwangju District Court’s Netcheon Branch H, etc. on August 29, 2012.
I thereafter 2013
2. On April 26, 2013, after paying the above sales price and acquiring the ownership of the instant equipment, the ownership was transferred to J on April 26, 2013.
Around 2013, J filed a lawsuit against I, the indirect possessor of the instant equipment, and K, the direct possessor of the instant equipment, claiming the delivery of the instant equipment under the relevant transfer agreement. On November 14, 2013, the said court rendered a judgment of non-litigation citing the J’s claim, and the said judgment became final and conclusive around that time.
E. Thereafter, on October 1, 2013, J transferred the instant equipment to L, M, L, and M to the E Hotel Credit Council (hereinafter “Credit Council”) on March 25, 2014.
F. On the other hand, on March 11, 2014, the Plaintiff applied for an order to transfer real estate to the creditors conference, etc. on the instant building to the Gwangju District Court NAN for a decision of acceptance on March 12, 2014, and received the said order of delivery.