1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to secure the claim for loans to A Co., Ltd. (hereinafter “CF”) with respect to ten parcels of land, including 731 square meters, owned by B, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, with respect to the creation of a collateral security right and the alteration of the collateral security right (hereinafter “CF”) (hereinafter “B”), the registration of the establishment of a collateral security right is completed as to the maximum debt amount of KRW 756,00,000,000, and the debtor B and the mortgagee of the collateral security interest (hereinafter “B”).

On March 14, 2011, the Nonghyup added the machinery and apparatus listed in the attached list (hereinafter “instant machinery and apparatus”) to the object of the right to collateral security (hereinafter “instant machinery and apparatus”) by changing the right to collateral security established as above with B to the right to collateral security pursuant to Article 6 of the Act on Mortgage on Factories and Mining Foundations.

(hereinafter “instant collateral security”). B.

The commencement of voluntary auction B did not repay the loan obligation to the agricultural cooperative, and the agricultural cooperative filed an application for voluntary auction to this court C on October 12, 2012 based on the instant collateral security, and on October 15, 2012, the voluntary auction for the instant machinery, equipment, etc. was commenced.

C. On December 27, 2012, the Defendant acquired the claim for loans from the Nonghyup Co., Ltd. to B, and completed registration to change the collateral security holder of the instant right to collateral security from the Nonghyup Co., Ltd. to the Defendant.

[Reasons for Recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleading

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the Plaintiff did not deliver the instant machinery and apparatus to B, and the instant machinery and apparatus are still owned by the Plaintiff.

Nevertheless, on March 14, 2011, the Nonghyup created a collateral security by treating the instant machinery and equipment as owned by B.

Therefore, compulsory execution against the machinery and apparatus of this case filed by the Defendant on the basis of the instant right to collateral security should be denied.

B. In fact, the Plaintiff, on February 10, 2010, sold the instant machinery and appliances at KRW 1,217,300,000, and installed the machinery and appliances by February 15, 2010.