1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for this part of the reasoning is the same as the relevant part of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. In full view of the relevant legal principles and the provisions of the Factory Mortgage Act, machinery, apparatus and other public objects installed in the land or building of the factory should be entered in the list of machinery and apparatus stipulated in Article 7 of the Factory Mortgage Act. Therefore, in the case of multiple factory mortgage, specified machinery, apparatus and other public objects are included only in the list of subordinate factory mortgage due to reasons such as the difference in the list stipulated in Article 7 of the Factory Mortgage Act or addition thereof, and in the case where the list of senior factory mortgage is not entered in the list of senior factory mortgage, only subordinate factory mortgage shall be effective as to the machinery, apparatus and other public objects, barring special circumstances, and the effect of senior factory mortgage shall not extend (see, e.g., Supreme Court Decision 2010Da59844, Dec. 9, 2010). The first priority mortgage of this case shall not be included in the list of machinery mortgage of this case and only the second priority list of machinery of this case shall not be included in the list of machinery mortgage of this case (see, e.g., the second priority list of machinery mortgage of this case).

However, during the instant voluntary auction procedure, collateral, including the instant machinery, was sold in total at KRW 923,00,000, and the selling price ratio of the object to the appraised value of the object to be sold = 67.60%.