손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Industrial Bank of Korea (1) established a factory site for the instant machinery and opened a voluntary auction procedure for the instant machinery) in order to secure the principal and interest of loan to B from May 30, 2006 to October 29, 2007, the Industrial Bank of Korea entered 6,611 square meters of land for factory in the Jeonju-gun, Jeonju-gun, and its ground factories and machines listed in the attached Table (hereinafter “instant machinery”).
2) The former Factory and Mining Foundation Mortgage Act (amended by Act No. 9520, Mar. 25, 2009; hereinafter “factory Mortgage Act”) including the former Factory and Mining Foundation Mortgage Act
(3) The lower court determined that the mortgage agreement was concluded regarding the machinery and instruments listed in the factory mortgage list under Article 7, and that the mortgage agreement was concluded with a maximum debt amount of KRW 4,260,000,000,000 (hereinafter “mortgage”).
(2) On July 8, 2010, the Industrial Bank of Korea applied for the auction of real estate properties including the instant machinery to the Jeonju District Court D by exercising the instant right to collateral security.
On July 9, 2010, the auction procedure (hereinafter "the auction procedure of this case") was initiated first with the former District Court E, F (Dual) real estate auction procedure, which was initiated first with respect to the same object.
B. B B, prior to applying for an auction of real estate rent at the Industrial Bank of Korea, the Defendant entrusted the sale of the instant machinery to G, a wholesaler of the instant machinery, without prior approval of the Industrial Bank of Korea. (2) On August 13, 2010, the Defendant entered into a sales contract on the instant machinery with G, which was in the process of the instant auction procedure, and moved the instant machinery from G to H on August 16, 2010, which was in the Defendant’s possession.
C. On August 18, 2010, the Industrial Bank of Korea, one Bank of Korea of the instant machines, as the Jeonju District Court 2010Kahap433, against the Defendant.