The plaintiff's appeal and the additional claim in this court are dismissed, respectively.

The plaintiff's litigation costs after the appeal are filed.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the registration of transfer of ownership in its name with respect to a company engaged in the business of manufacturing waterproof sets, etc. on August 31, 2015, with respect to the land of 5,000 square meters for D factories in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and its ground buildings 6 Dong (F Dong through M Dong; hereinafter “the aforementioned factory site”) (in addition to the aforementioned factory site, “the instant factory”).

B. H, as a person who is a mortgagee of a right to collateral security, has voluntarily conducted an auction on the instant factory and machinery and equipment, such as a waterproof pilot, which is the object of the factory mortgage under the Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”), with the Cheongju District Court Support I, which was decided to commence auction on April 20, 2017 (hereinafter “instant auction procedure”).

On November 9, 2018, the Defendant acquired the ownership of the instant factory and the instant port machinery and appliances during the auction procedure.

(d)

At present, the Defendant currently keeps each movable (hereinafter referred to as “the movable property of this case”) listed in the separate sheet (hereinafter referred to as “the movable property of this case”) in the F-dong Building (Attachment Nos. 10, 10, 16) operated by the Defendant, J-dong Building (hereinafter referred to as “Attachment Nos. 15, 16), K-dong and L-dong Building (netly 11 through 14), G-dong Building (netly 1,2, 3, 5, 6), F-dong Building and G-dong Building on the ground (netly 4, 7, 8, 9), M-dong Building (netly 17, 18), and M-dong Building on the ground (netly 19) adjacent to that building.

【Unfounded Grounds for Recognition】 In the absence of a dispute, Gap evidence Nos. 4 and 22, Eul evidence Nos. 1 and 10 (including number number; hereinafter the same shall apply), each statement, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s movable property of this case is an object owned by the Plaintiff, who leased part of the instant factory from C, engaged in waterproof machinery manufacturing business, etc., and the Defendant occupied it, and thus, sought delivery.

B. The movable property of this case by the Defendant was acquired by the Defendant during the auction procedure of this case, or acquired by transfer from N Co., Ltd. with the contract and the movable property of P Co., Ltd.