1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 12, 2017, the judgment of the court below that “B shall pay to the Defendant 40,241,933 won and KRW 340,000,000 from November 24, 2015 to January 25, 2017; and that “B shall pay the Defendant 5% interest per annum from the next day to the day of full payment” (the Busan District Court 2015Ga7193 (principal lawsuit) and from the Busan District Court 2016Ga51210 (Counterclaim) with 15% interest per annum from November 24, 2015 to the day of full payment).”

B. On February 24, 2017, according to the Defendant’s delegation, the Busan District Court’s enforcement officer seized the movable property indicated in the separate sheet in the Gangseo-gu Busan District Court’s 2017Du781, which is the location of B, located outside the Gangseo-gu C and 20 parcels (hereinafter “instant movable property”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff owned “D’s patent right (patent E; hereinafter “the instant patent right”); (b) the Plaintiff infringed the said patent right; and (c) caused Masan Technology Co., Ltd. (hereinafter “Masan Technology”) to file a patent infringement lawsuit against B.

② On behalf of the Plaintiff, the instant patent fee was claimed against B on June 12, 2014, and the patent fee was paid by B and its shareholders on June 12, 2014, and transferred KRW 200 million to the acquisition price of the instant shares.

③ On June 30, 2014, the 201st century held a general meeting of shareholders and the board of directors, and decided to transfer the instant movable property to the Plaintiff instead of taking over the instant patent right from the Plaintiff. Accordingly, B transferred the instant movable property to the Plaintiff.

④ Therefore, since the instant movable is owned by the Plaintiff, it is related to the instant movable upon request by the Defendant, a creditor of B.