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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. On July 1, 2011, the Defendant: (a) entered into a mortgage agreement with Nonparty B, who is engaged in the livestock industry, with respect to the land and building in B, including the land and building in the name of 1,078m2, including the 1,078m2, a single-story shed, a single-story roof, a steel pipe C No. 1, and the 220.5m2 (hereinafter “the instant stable”); (b) on the same day, with respect to the instant stables installed within the instant stable, the Defendant entered into a mortgage agreement with Nonparty B with the maximum debt amount of KRW 156,00,000 (hereinafter “instant goods”); and (c) completed the registration of creation of a mortgage agreement with respect to the instant stables and the instant goods under the name of Nonparty B, including the 220.5m2,00,000,000 won on the same day.
In the name of the company in the c warehouse and storage yard at the location of the State, the 4th class 12,500,000 12,000,000 9,000,000 2,0000,000 2,000,0000 74,000,000 24,0000 24,0000,000 24,000,000,000 9,000,000,000 22,000,000,000
B. Since then, on October 8, 2013, the Defendant filed an application for voluntary auction on the instant collateral security (hereinafter “instant auction procedure”) with the Gwangju District Court E (hereinafter “instant auction procedure”), and the instant goods were sold en bloc to a third party, along with other real estate owned by B which is the object of the instant mortgage, in the instant auction procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 8, Eul evidence Nos. 4 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion was purchased from the non-party F's spouse and set up in the livestock shed of this case. The plaintiff did not agree to set up the right to collateral security of this case on the goods of this case. Thus, the plaintiff did not agree to do so.