The effect of the submission of a list set forth by Article 7 of the Factory Mortgage Act

Since the effect of the mortgage established on the land or building belonging to a factory under Articles 4 and 5 of the Factory Mortgage Act shall be limited to the goods added thereto and the machinery, apparatus and other goods installed thereon, even if such goods are not entered in the list as stipulated by Article 7 of the same Act, the effect of the mortgage shall be effective, and it shall be interpreted that there is only the effect between the mortgagee and the third acquisitor, or between the mortgagee and the third acquisitor.

Articles 4, 5, and 7 of the Factory Mortgage Act

Park Sil-si

Busan District Court (Law No. 89 other 9066)

The appeal is dismissed.

(1) The summary of the grounds for appeal is that (1) since the machinery and apparatus listed in the attached list No. 1 among the auction objects of this case had not been submitted a list under Article 7 of the Factory Mortgage Act, the original decision which permitted the auction including this is unlawful, although it does not affect the effect of factory mortgage, and (2) since the machinery and apparatus listed in the attached list No. 2 are included in the list under Article 7 of the Factory Mortgage Act and thus the effect of factory mortgage should be held en bloc, it should be held. However, the court below accepted the partial withdrawal of auction against the above machinery and apparatus by the creditor, and there was an error of law regarding the auction procedure against the part excluding this, and (3) even if the part of the auction objects of this case is sufficient to repay the secured debt, the court below held an excessive auction against the whole auction, and (4) taking into account the purpose and surrounding environment of the auction objects of this case, the court below's evaluation of the successful bidder's price was considerably unfavorable to the purchaser for 15 years, and there was no agreement between the parties.

Therefore, according to the above (1). Since the above facts cannot be asserted from 5 to 80, the mortgage right established in the factory cannot be applied to the above 60-year factory mortgage, the above 10-year factory mortgage right of 60-year factory, and the above 70-year factory mortgage right of 10-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 60-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 60-year factory mortgage right of 30-year factory mortgage right of 9.

Therefore, since all appeals by the appellant are without merit, they are dismissed. It is so decided as per Disposition.

Judges Kim Jong-si (Presiding Judge)