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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. The Plaintiff, upon specifying each real estate listed in the annexed list No. 27 of the real estate list No. 27 (hereinafter “the land or building listed in the same list”), was engaged in the c, etc. on the ground outside 19 parcels of land (hereinafter “C”). On December 22, 2000, the Plaintiff established a limited liability company for agricultural corporations (hereinafter “H”) by investing assets together with D, E, F, and G. The land and building invested by the Plaintiff at the time are the land and building listed in the annexed list No. 1, 2, of the 4-invested asset list.
나. 원고와 H은 1994. 12. 9.경부터 2000. 12. 22.경까지 사이에 3목록 기재 각 부동산(3목록 1 내지 10항 기재 각 부동산은 원고의 소유이고, 3목록 11 내지 69항 기재 각 부동산은 H의 소유였다. 이하 위 각 부동산 중 대지는 ‘이 사건 대지’, 건물은 '이 사건 돈사‘라고 한다)에 관하여 농업협동조합중앙회(이하 ‘농협’이라 한다)에게 근저당권을 설정하여 주었고, 2000. 12. 23.에는 이 사건 돈사 내에 있는 고압세척기, 액상급이기(液狀給餌機), 액상사료를 공급하는 설비이다.
With respect to machinery and appliances such as wastewater facilities, water supply facilities, private feed-making facilities, etc., the right to collateral security under Article 7 of the Factory Mortgage Act was additionally established.
C. On March 3, 2003, agricultural cooperatives filed an application for voluntary auction on the instant land, money and machinery based on the foregoing collateral security, and filed an application for voluntary auction on machinery and appliances, and on March 31, 2003, the real estate auction procedure (hereinafter “instant auction procedure”) was initiated with I with the Jeonju District Court I on March 31, 2003. Each of the facilities listed in the annexed Table 1 (hereinafter “facilities listed in the annexed Table 1”) and each of the items listed in the annexed Table 2 list (hereinafter “each item in the annexed Table 2 list”) were not included in the real estate subject to the application for auction and the list of machinery and appliances.
However, among the facilities listed in paragraph 3.