1. The Defendant’s KRW 86,628,761 as well as 5% per annum from March 28, 2014 to November 19, 2014 to the Plaintiff.

Basic Facts

On September 4, 2012, the NASC Co., Ltd. was declared bankrupt on September 4, 2012 by Seoul Central District Court 2012Hahap113, and the Defendant was appointed as the trustee in bankruptcy on the same day.

(B) On June 18, 2008, the Defendant created a right to collateral security under Article 7 of the former Factory Mortgage Act (wholly amended by Act No. 9520, Mar. 25, 2009) (hereinafter referred to as the “instant right to collateral security”) with respect to the land of 3,222, 4 stories and above-ground factories (hereinafter referred to as the “instant factory”) owned by the Defendant to the Korea Development Bank on June 18, 2008, and machinery and apparatus installed in the instant factory under Article 61 of the former Factory Mortgage Act (wholly amended by Act No. 9520, Mar. 25, 2009) (hereinafter referred to as the “instant right to collateral security”), and the KNF third asset securitization specialized in the instant factory mortgage, with respect to the establishment of the instant factory mortgage at the Incheon District Court C on October 12, 2012.

(hereinafter “instant auction procedure.” From December 201 to January 2014, when the instant auction procedure was in progress, the Defendant separated electrical equipment and heating and cooling equipment installed at the instant factory (hereinafter “instant electrical equipment”) and carried out the instant heating and cooling equipment (hereinafter “instant heating and cooling equipment”).

On February 17, 2014, the Plaintiff acquired ownership by winning the instant land, factory, machinery, and apparatus at the instant auction procedure.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, and the purport of the whole pleadings by the parties concerned, as the electric installations and heating and cooling facilities of this case asserted by the plaintiff are ancillary or accessory to the factory of this case, the effect of mortgage over the factory of this case also extends to the electric installations of this case and heating and cooling facilities.

Therefore, the Plaintiff acquired ownership of the instant electrical equipment and heating and cooling equipment by acquiring ownership of the instant factory. The Defendant transferred the instant electrical equipment and heating and cooling equipment to the Plaintiff without permission.