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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 29, 201, our Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of creation of a mortgage under the Act on Mortgage on Factory Foundation and Factory Foundation (hereinafter “D”) with respect to the building for cement brick manufacturing (hereinafter “factory building and land in this case”) owned by B 4,950 square meters of land in Yangju-si, Yangju-si, and the relevant ground cement brick manufacturing building (hereinafter “C”).
B. On March 16, 2012, our bank completed the registration of the establishment of a new factory building and land in the instant case, the maximum debt amount of KRW 60,00,000, and the debtor D’s establishment of a neighboring mortgage.
C. On April 8, 2013, upon filing an application for voluntary auction on the instant factory building and land, our bank started the voluntary auction on the said building and land (hereinafter “instant auction”). On February 27, 2014, the Defendant and the Selected Co., Ltd. (hereinafter “Defendant, etc.”) acquired ownership by winning a bid for each of the above buildings and land at the auction procedure on February 27, 2014.
Meanwhile, as the Plaintiff supplied cement to D and did not receive the price of the goods, the Plaintiff filed an order for payment with D seeking payment of KRW 208,385,576 of the unpaid amount of goods and delayed payment damages with the Seoul Northern District Court 2013 tea16499, which became final and conclusive August 8, 2013.
E. The Plaintiff applied for compulsory execution of the instant corporeal movables among the instant machines and instruments upon the final payment order, but the execution was not carried out. The instant corporeal movables attachment execution protocol states that “H is the representative of G Co., Ltd., Ltd., with respect to the reasons for impossibility of execution.”
F. The instant machines and instruments are machines and instruments installed in the instant factory building prior to the instant auction, and the Defendant, etc. was among the instant machines and instruments around March 2014, after the instant auction.