Costs of appeal shall be borne by each party.

1. In a case where a contract to establish a security for transfer, which establishes several movable properties collectively as the object of security, is agreed to be effective for a movable to be incorporated in a certain place in the future, the issue of whether a specific movable is deemed as a security for transfer, and whether a movable whose change in a group of assets is increased or decreased as one object is deemed as a so-called collective movable property as an object of security for transfer is a matter of interpretation of a contract to establish a security for transfer for transfer.

The purpose of the contract to establish a security for transfer is to provide multiple kinds of movables, such as machines, tools, business facilities, etc. which have long-term and are not in the process of processing or distributing, and where each of the collateral is specified as the name, performance, size, manufacturer, manufacturing number, etc., in principle, specific movables shall be considered as the object of the security for transfer in a lump sum. Therefore, in order to include the movables to be incorporated in the future as the object of the security for transfer, a third party should be specifically specified to the extent that it can be distinguished from

The lower court: (a) borrowed KRW 675 million from the Plaintiff on May 15, 2007, and concluded the instant security transfer agreement with the Plaintiff to transfer the instant facilities located in the Ansan Factory as security to the Plaintiff by the method of possession revision; and (b) on April 24, 2009, the Nonparty Company established a factory mortgage including movable property in Pyeongtaek-si Factory with the Defendant’s loan granted from the Defendant’s Intervenor on April 24, 2009, and extended additional loans from the Intervenor on September 27, 2010.