1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 12, 2013, the Plaintiff entered into a facility lease agreement (hereinafter the instant lease agreement) with respect to the movable property listed in B and the separate sheet (hereinafter the following movable property), setting the lease fee rate of KRW 1,094,300 per council and the lease period of KRW 36 months.

B. On October 14, 2014, the Plaintiff notified B of the scheduled termination of the instant lease agreement on the ground that the lease fee was overdue for at least one month.

C. According to the instant lease agreement, if the lease term expires or the lease contract is terminated, the leased object is to be returned to the place designated by the Plaintiff.

On the other hand, on August 11, 2014, the Defendant entered into a contract with B to purchase the machinery and facilities containing the instant movable in KRW 170,000,000, and paid the purchase price by August 25, 2014.

E. The Defendant occupies the instant movable property from August 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the lease contract of this case was terminated by the plaintiff's notice of expected termination. Thus, barring any special circumstance, the defendant is obligated to deliver the movable property of this case to the plaintiff, and the defendant is obligated to pay the amount of money equivalent to the lease fee from the time of possession of the movable property of this case

3. Judgment on the defendant's bona fide acquisition defense

A. The Defendant’s defense to the effect that he acquired the instant movable property in good faith, as he did not know whether it was a leased object at the time of purchase.

B. As long as the Defendant occupies the instant movable property, it is presumed that the Defendant is presumed to have occupied the instant movable property in good faith, peace, and public performance with the intent to own it (Article 197(1) of the Civil Act), further, whether the Defendant was negligent in not knowing that the instant movable property was a leased object.

Pleadings shall be made in each entry of evidence as referred to in subparagraphs 1 through 8 of this paragraph.