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1. The defendant shall deliver to the plaintiff each of the items listed in the attached Table 1 list (floors).
2. The plaintiff's remaining claims.
Reasons
1. Basic facts
A. A Co., Ltd. (hereinafter referred to as “A”) established a collateral security on a company that has engaged in the manufacture and sale of a single-use product, and on the land, a single-story factory, a third-story office, a single-story security room, and a machinery and equipment in the above factory (hereinafter referred to as “instant factory”) owned by Kimhae-si, Kim Jong-si.
(hereinafter “instant factory mortgage”). B.
A was decided to commence rehabilitation procedures at the Busan District Court on April 10, 2014, but on May 2, 2017, A was decided to discontinue rehabilitation procedures, and on May 10, 2017, the Plaintiff was appointed as a trustee in bankruptcy on May 10, 2017.
C. The Defendant purchased the ownership of the instant factory on May 15, 2018, and thereafter occupies the instant factory at the present time from the Changwon District Court’s F real estate auction procedure (hereinafter “instant auction”) commenced upon the request of the mortgagee of the instant factory mortgage (hereinafter “instant auction”).
At the time of the auction of this case, the list of the object of the mortgage (hereinafter referred to as the "list of factory mortgage") under Article 6 of the Factory and Mining Foundation Mortgage Act (hereinafter referred to as the "factory Mortgage Act") was stated in the list of the object of the mortgage (hereinafter referred to as the "list of factory mortgage of this case"), but each object listed in the separate sheet 1 (hereinafter referred to as "the floor materials of this case") and the separate objects listed in the separate sheet 2 (gold) in the factory of this case (hereinafter referred to as "the floor materials of this case") were not stated in the separate sheet 1 (the floor materials of this case). Accordingly, the auction of this case and the gold form of this case were not stated in the auction of this case, the appraisal report, and the article specifications.
E. On the other hand, the floor of this case is used as a place for temporarily piling the materials heated from a heating to a high heat, and the gold mold of this case is in the factory of this case.