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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The machines indicated in the attached corporeal movables (hereinafter “instant machines”) were owned by Nonparty B, and around October 1, 2012, B leased the instant machines to Nonparty C by setting the monthly rent of KRW 400,000 and the lease period of KRW 1 December 2014. The lessee installed and used the instant machines in Kimhae-siD.
B. On January 7, 2013, B prepared a lease agreement on the instant machinery to clarify the above lease agreement, and written a notarial deed (No. 40 of Ministry No. 2013, such as preparation of notary E office).
C. On January 9, 2013, B filed a provisional disposition prohibiting the possession, transfer, and disposal of the instant machinery, etc. against C, and completed the decision of acceptance on January 18, 2013 (the Changwon District Court Decision 2013Kahap9 and the provisional disposition prohibiting the possession, transfer, and disposal of corporeal movables), and on January 29, 2013, B completed the execution of the provisional disposition as above in Kimhae-si D.
C On February 19, 2014, the Changwon District Court reported the transfer of seized objects to the execution officer of the Changwon District Court on the fact that the storage place of the instant machinery was changed to the F in Kim Jong-si.
E. B filed a claim for extradition against C on March 23, 2015, on the grounds of unpaid monthly rent, etc. (the Changwon District Court 2015Da5258, Changwon District Court 2015Dadan5258, hereinafter “instant lawsuit”), and on June 8, 2015, during the lawsuit, the conciliation was concluded that “C delivers the instant machinery to B by May 30, 2016.”
F. On January 12, 2016, the Plaintiff entered into a lease agreement with the seller G (H company), the place of installation, the F, the acquisition price of F, the KRW 49 million, the lease fee of KRW 1,114,200 with respect to the instant machinery, which was determined as KRW 1,00.
(g) On May 7, 2016, the Defendant: (a) purchased the instant machinery from Nonparty I, the owner of the instant machinery, with the introduction of Nonparty I; and (b) paid the cost of the machinery at KRW 32.5 million; and (c) removed the instant machinery from Kimhae-si F; and (d) currently the Defendant.