1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 23, 2008, the Plaintiff completed the registration of ownership transfer with respect to 1,461 square meters prior to C, D large 520 square meters, E forest land 15,373 square meters, Class II neighborhood living facilities and detached houses on the ground (hereinafter “instant real estate”).

B. On January 4, 2012, the registration of the establishment of the instant real estate as joint collateral was completed on the basis of the maximum debt amount of 1.71 billion won and the FFC, which became a collective mortgagee.

C. On January 22, 2014, a voluntary decision on commencing the auction of the instant real estate was rendered on January 22, 2014, upon a request for F&D agreement with the mortgagee. D.

In the instant auction procedure, the Defendant was awarded the instant real estate on August 28, 2015 and completed the registration of ownership transfer. The instant real estate is equipped with machinery and equipment, such as indicated in the separate sheet, which is a raw water production facility, (hereinafter “instant machinery and equipment”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. On December 30, 2013, the Plaintiff asserted that the instant machinery and equipment installed in the instant real estate was acquired from H Co., Ltd. (hereinafter “Nonindicted Company”). The instant machinery and equipment were excluded from the subject of the blanket sale of the instant auction procedure.

On February 3, 2017, the Defendant leased the instant real estate and the instant machinery and equipment owned by the Plaintiff to Nonparty Company on February 3, 2017, at the rent of KRW 10 million. The rent for the instant machinery and equipment is KRW 9,181,819 per month.

Therefore, the Defendant is obligated to pay KRW 100 million and damages for delay therefrom, out of KRW 266,504,751, as the rent, from June 30, 2015 to November 30, 2017, with respect to the instant machinery and equipment from June 30, 2015 to the return of unjust enrichment obtained by the Defendant by leasing the instant machinery and equipment owned by the Plaintiff to the Plaintiff.

(b) the board;