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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that owned 6,720.6 square meters of land for a factory and 5 buildings on its ground in Yansan-si, and operated a kimchi-making factory in the above building.
B. On each of the above factories building and site, the Industrial Bank of Korea and several factories mortgage (Article 7 subparag. 31 and subparag. 126 of the Factory Mortgage Act, other than each of the above building and site, is attached to the list No. 18, subparag. 33, and No. 2011-149 of the Factory and Mining Foundation Mortgage Act) was established on each of the above factories building and site, but the voluntary auction procedure (hereinafter “instant auction procedure”) was commenced around 2014 due to the Plaintiff’s failure to repay the secured debt.
C. In the instant auction procedure, the Defendant received the decision of permission for sale on May 4, 2015, and paid the sale price on June 4, 2015, and acquired the ownership of each of the above factories building, the site, and the machinery, equipment, etc. installed in the building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) Each corporeal movables listed in the separate sheet of the main claim (hereinafter “each of the instant corporeal movables”)
(2) Since each of the above corporeal movables was excluded from the list of the auction procedure of this case, the Defendant did not acquire the ownership of each of the above corporeal movables. Nevertheless, the Defendant is currently holding and using each of the above corporeal movables together with each of the above factories, and the Defendant is liable to deliver each of the above corporeal movables to the Plaintiff. (2) Where it is impossible to execute the delivery of each of the instant corporeal movables as preliminary claim, the Defendant is liable to pay to the Plaintiff the total amount of KRW 266,00,000 and damages for delay.
B. Therefore, the Defendant’s ownership of each of the instant corporeal movables in the instant auction procedure.