On October 30, 2012, the Defendant loaned KRW 510 million to E, and entered in the list (No. 2012-632) of F building No. 141 and No. 142 as well as the attached Table No. 142 as joint collateral (hereinafter “instant mortgage”) between E and E for the purpose of securing the above loan claims, and entered in the mortgage agreement with E as joint collateral; and entered in the list (No. 2012-632) of the above factory and mining foundation mortgage as the object of the instant mortgage pursuant to Article 6 of the Act.

B. On November 4, 2013, 2013, the Incheon District Court rendered a decision to commence and seize a voluntary auction procedure on the above factory building and machinery subject to the instant collateral security, upon the Defendant’s application. The above factory building did not have the instant collateral security object, and there was a machine indicated in the attached machinery and apparatus (structure) evaluation table similar to the instant collateral security object within the “D company” factory located in Kimpo-si, Kimpo-si, operated by the Plaintiff, E, a partner of the above auction procedure, considered the instant machinery as the collateral security object.

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff purchased the machinery of this case on June 30, 200 and continued to use it after establishing the "D company" factory, and therefore, the machinery of this case is owned by the plaintiff, and the effect of the right to collateral security does not extend to the machinery of this case, and compulsory execution against the machinery of this case should be denied.