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1. Of the judgment of the court of first instance, the defendant (Counterclaim) who exceeds the following amount ordered to pay the principal lawsuit.
Reasons
Basic Facts
Attached Form
In order to conclude a supply contract for the reservation of ownership of movable property in the list, the land for the factory in Seocheon-gun, Chungcheongnam-gun (hereinafter “instant land”) and its ground buildings (hereinafter “instant factory”) were originally owned by the fishery partnership corporation (hereinafter “D”).
D On July 4, 2011, from Defendant A to October 28, 2011, Defendant A supplied movable property listed in the separate sheet (hereinafter “instant machinery”) to KRW 1.3777,1260,000 (hereinafter “instant machinery”) for the price, but entered into a contract with Defendant A for the instant machinery ownership reservation until the price is paid in full (hereinafter “instant machinery supply contract”).
D) On March 13, 2012, with respect to each of the instant real estate and the instant machinery, obtained a loan from the Minecheon Agricultural Cooperative (hereinafter “Gwancheon Agricultural Cooperative”), D had completed the registration of establishment of neighboring mortgage (hereinafter “the instant mortgage”) on each of the instant real estate on March 13, 2012, and submitted a list of machinery and tools containing the instant machinery to be subject to factory mortgage pursuant to Article 6 of the Factory and Mining Foundation Mortgage Mortgage Act (hereinafter “factory Mortgage Act”).
An application for a voluntary auction of real estate based on the instant collateral security was filed by Gwangjucheon District Court Red Branch E, hereinafter “instant auction procedure”) on December 10, 2014.
In the instant auction procedure, the Plaintiff received the decision of permission for sale on July 12, 2016, and purchased each of the instant real estate and the instant machinery, etc. by paying KRW 1.81,0190,000 for the sale price on August 10, 2016.
On August 11, 2016, the Plaintiff issued an order for the delivery of each of the instant real estate and the instant machinery against F and G, a child of the actual representative of D and D, and F.