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1. Defendant B shall have the Factory and Mining Foundation Mortgage Act regarding the real estate indicated in the attachment to Defendant A.
Reasons
1. Basic facts
A. On March 16, 2010, the Plaintiff entered into a contract for the construction of machinery and equipment with C (hereinafter “C”) which is a raw water production called KRW 2,400,000 (excluding value-added tax). Of the terms and conditions of the contract, Article 13 (ownership and property rights of crops produced and supplied by the Plaintiff) of the contract provides that “The ownership of the relevant crops shall be transferred to C upon completion of the remainder payment even if they were manufactured or installed. When the contract is completed, the ownership of the relevant crops shall be transferred to C.”
B. After that, the said construction contract changed the price of October 5, 201 to KRW 2,673,00,000 (value-added tax separately). On February 28, 2011, the Plaintiff completed the manufacture and installation of machines, including movable property in the separate sheet (hereinafter “instant real estate”) on the real estate indicated in the separate sheet on February 28, 201.
C. C did not pay part of the construction cost of the instant machinery and equipment to the Plaintiff. Accordingly, on July 10, 2012, the Plaintiff filed a lawsuit claiming construction cost against the Plaintiff (No. 2012Gahap6776) Dayang-gu District Court Decision 2012.
The instant lawsuit was concluded by conciliation on November 12, 2012, and the conciliation clause provides that “C shall pay the Plaintiff the construction price and interest for delay 1,200,000,000 in 22 installments, and in the event of delay at any time once the payment date, C shall lose the benefit of time, and C shall waive and deliver to the Plaintiff any right to the instant machinery and equipment. C shall confirm that the Plaintiff has ownership to the instant machinery and equipment until all the said money is paid to the Plaintiff.” Thereafter, C lost the benefit of time due to delay in the payment date of the said installment.
Meanwhile, on February 1, 2010, Defendant A, the owner of the instant real estate, concluded a mortgage agreement with Defendant B with the maximum debt amount of KRW 780,00,000 and the debtor D.