1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.

2. All costs of the lawsuit.

Basic Facts

The following facts are either not disputed between the parties, or acknowledged in Gap evidence No. 2, 5, 33, 34, and Eul evidence No. 2 by considering the overall purport of the pleadings.

E Co., Ltd. was declared bankrupt on November 13, 2009 by Seoul Central District Court 2009Hahap99.

The above E Co., Ltd. (hereinafter referred to as the “Bankruptcy Company”) owned a factory (hereinafter referred to as “fixed E-Eup factory”) in real estate listed in the attached Table 2.

On October 15, 2013, the Plaintiff entered into a contract with H and I (hereinafter “H, etc.”) to purchase the machines listed in attached Form 1 (hereinafter “instant machines”) located in a fixed Eup factory under the following conditions (hereinafter “instant contract”). On June 18, 2014, the Plaintiff paid the down payment of KRW 2 million to H.

1. The amount of transfer;

(a) Equipment that can be used as machinery: 1,000 to 3,000 won/K;

(b) Irons used as machinery: 100 won/K;

4. The payment of balance: The payment shall be made immediately after the completion of mooring after demolishing the machinery which he has taken over; and

On May 20, 2013, the Defendants were awarded a successful bid in the Jeonju District Court’s J and K (Dual) voluntary auction process (hereinafter “instant auction”) with respect to the fixed-scale factory and the machinery and equipment as joint collateral therefor, and were handed over on June 25, 2013.

Plaintiff’s assertion

On December 1, 2011, the bankruptcy company transferred the instant machinery to H et al., the representative of workers, and the Plaintiff purchased it from H et al. as seen earlier.

On the other hand, the Defendants were in possession of the instant machinery excluded from the auction subject matter after being delivered the instant auction subject matter.

Accordingly, the Plaintiff primarily and primarily sought delivery of the instant machinery, which is owned by the Defendants, by subrogationing H et al. and the bankruptcy company in succession, with the right to claim delivery based on the instant sales contract as preserved bonds.

Preliminaryly, the Defendants’ instant case.