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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the land E in Chungcheongnam-gun and the building above ground dong (hereinafter “instant factory, etc.”) owned by D Co., Ltd. (hereinafter “D”), machinery and appliances are included in the joint collateral list under the name of Korea Bank, which was established on July 4, 2002, under the joint collateral list under the name of Korea Bank, which was established on July 4, 2002, as to the joint collateral list under the name of Korea Bank (hereinafter “instant factory, etc.”). Article 7 subparag. 241 (hereinafter “instant factory collateral list”) of the old Factory Mortgage Act (amended by Act No. 9520, Mar. 25, 2009; hereinafter the same).
B. On November 11, 2013, Defendant C was awarded a successful bid on November 11, 201, and currently occupies and uses the instant factory, etc. and machinery, apparatus, etc. installed in the factory, etc. at the present. Among them, the instant machinery, etc. are included.
C. On March 25, 2014, D asserted that the instant machinery, etc. was not included in the subject matter of the instant auction procedure, and concluded a contract to sell the instant machinery, etc. to the Plaintiff for KRW 30 million.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 7, the result of verification by this court, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserts that the Defendants, who occupied and used the instant machines, etc. on the premise that they were not included in the instant auction procedure, have the duty to deliver them to the Plaintiff as the owner.
B. In full view of the evidence Nos. 5-1, 7, and 12, and the purport of the entire pleadings as a result of the examination by the court of this case, one set of HG processing facilities, shock and painting equipment are included in the factory mortgage list of this case. Of the machinery of this case, the Nos. 1 and 2 of the attached list of this case are included in the above HG processing facilities and other ancillary equipment.