1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3.Application for participation by one of the independent parties in the trial;

1. Basic facts

A. On April 8, 2014, Nonparty F Co., Ltd. (hereinafter “F”) purchased movable property listed in paragraph (2) of the [Attachment List No. 2 (hereinafter “instant movable property”) from Nonparty Yama Co., Ltd. (hereinafter “Korea Yamaki”) in Japanese currency 38,400,000.

B. On June 11, 2014, F borrowed 38,400,000 United Nations loans from the Daegu Bank, Inc. (hereinafter “Tgu Bank”) for the payment of the purchase price of the instant movable property.

(hereinafter “instant loan agreement”). C.

On June 11, 2014, the Daegu Bank entered into a contract to establish a security interest agreement with the Daegu Bank as a mortgagee or F as to the instant movable property and received the instant movable property by means of possession revision. D.

F has lost the benefit of time due to the default of the above loan obligations.

E. On September 30, 2015, an independent party intervenor acquired all claims and security rights against F from the Daegu Bank with respect to F, and accordingly succeeded to the status of a mortgagee against the instant movable property.

F. On September 28, 2014, the Defendant entered into a lease agreement between F and F with regard to the instant movable, which provides for KRW 20 million as a deposit, KRW 2 million as a monthly rent, and the term of lease from October 1, 2014 to September 30, 2016, and uses and benefits from the instant movable.

G. On August 11, 2014, the Plaintiff, who entered into a facility lease agreement with B on the instant movable, is the owner of the instant movable property as an independent party intervenor who is the mortgagee.

[Reasons for Recognition] Facts without dispute, entry in the evidence of subparagraphs 1 through 6 (including branch numbers in the case of additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff concluded a facility lease agreement with the Plaintiff on the instant movable property.