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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 14, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and Taiwan Co., Ltd. with the terms that the Plaintiff leases a factory building and machinery and appliances within the factory building (including the instant machinery; hereinafter referred to as “instant machinery, etc.”) on the land of Daepo-si Co., Ltd., by setting the lease deposit amount of KRW 100,000,000, monthly rent of KRW 12,000,000, monthly rent of KRW 12,000, and the term of lease from July 1, 2013 to June 30, 2015.
B. The Defendant, on December 16, 2013, entered into a contract to establish a security for transfer between the public corporation and the Defendant, and entered into a notarial deed of this case, setting forth KRW 200,00,000 as of December 30, 2013 as the due date for repayment between the public corporation and the Defendant, and the Defendant, on December 16, 2013, as of December 30, 2013, entered into the notarial deed of this case with the content that the Defendant would transfer the instant machine as security for the said loan obligation to the Defendant by means of an alteration of possession.
C. (1) On December 19, 2013, the Plaintiff entered into a sales contract between the Plaintiff and Daeung Pung Co., Ltd. (hereinafter “instant real estate”), and the Plaintiff’s share of 12,086m2 and the factory building on the land for the said factory (hereinafter “instant real estate”), both the land such as the said land for the factory and the factory building on the land for the said land, etc., and the factory building on the ground of
A) The sales contract to sell the instant machinery, etc. for KRW 2,000,000,000 (hereinafter “instant sales contract”) and the instant machinery, etc.
B. When concluding the contract deposit, KRW 300,000,000, is paid to the Plaintiff, the Plaintiff transferred the ownership of the instant real estate and the instant machinery, etc. to Taiwan Co., Ltd., and KRW 1,700,000,000 out of the remainder of KRW 1,700,000,000,000, out of the remainder of KRW 1,700,000,000, out of the remainder of KRW 1,700,000,000, out of the remainder of KRW 700,000.