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(영문) 의정부지방법원 2014.11.13 2013가합73732
소유권확인등 청구의 소
Text

1. Items 1, 2, 3, 9, machinery, equipment and structures among items listed in attached Table 1 list;

Reasons

1. Determination on the claim for confirmation of ownership

A. The effect of the determination on the cause of the claim is that, unless there are special circumstances such as the establishment of a factory mortgage, it shall naturally affect the effect of the factory mortgage on the things attached to the object of factory mortgage and the accessory, and the machinery, apparatus and other things installed on the land or building of the factory, and the joint use of the machinery, apparatus and other things of the factory, which are set up on the list of machinery and apparatus stipulated in Article 6 of the Mining Foundation Mortgage

As to the instant case, comprehensively taking account of the health class, Gap evidence 1-2, Eul evidence 1-1 through 12, Eul evidence 1-1-2, Eul evidence 1-2, Eul evidence 1-1 and Eul evidence 2-2, and the overall purport of pleadings as to the instant case, Pakistan Korea Co., Ltd. (hereinafter referred to as "Madago Korea") established factory mortgage (hereinafter referred to as "the instant real estate mortgage"), factory site and 4-story factory building (hereinafter referred to as "the instant real estate"), as to the instant real estate on March 13, 2008, newly established factory mortgage (hereinafter referred to as "the instant real estate mortgage"), and thereafter, on November 30, 201 through the execution of the above right to collateral security, it is recognized that the Plaintiff acquired a successful auction and completed a registration of ownership transfer on September 16, 2013, and that the Plaintiff did not have any special reasons stated in the list of machinery, instruments or objects included in the attached Table 1-1 (10) of the instant real property.

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