1. Based on the executory payment order of the case No. 2019 tea7555 against D by the Defendant, the Defendant is entitled to the executory payment order of the Incheon District Court.

1. Basic facts

A. (1) On December 28, 2016, the Plaintiff loaned KRW 520,00,000 to D on December 28, 2016, the Plaintiff set up a collateral security (No. 1 collateral security) with the obligor D and the maximum debt amount of KRW 624,00,000 on December 29, 2016 regarding the Seo-gu Incheon Building E (hereinafter “instant factory”), which is a factory building. On April 25, 2017, the Plaintiff completed a registration for modification of the right to collateral security added to the machinery and apparatus installed in the instant factory as the object of the right to collateral security (No. 234 of the Machines and Instruments List) pursuant to Article 6 of the Act on Mortgage on Factories and Mining Foundations (No. 234 of the Machines and Instruments List) with additional loans KRW 400,00,000 to D on January 11, 2017, completed the registration of the establishment of the right to collateral security (No. 400,0000,000.40.

(List of Machines and Instruments No. 326). [Attachment of Machines and Instruments of this case (No. 234, 326)]

B. On April 5, 2019, the Plaintiff filed an application for the commencement of voluntary auction with respect to the instant factory on April 5, 2019 (In Mancheon District Court G) and is in progress.

C. On May 30, 2019, the Defendant applied for compulsory execution against D pursuant to the payment order (hereinafter “instant payment order”) issued by the Incheon District Court 2019Gu7555 (hereinafter “instant payment order”). On May 30, 2019, the enforcement officer of the Incheon District Court issued a seizure enforcement (hereinafter “instant compulsory execution”) on each movable stated in the separate sheet at the factory of this case.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 and 2, purport of whole pleadings]

2. The assertion and judgment

A. Each of the instant mortgages is effective upon the determination of the cause of the claim, and is effective upon the machinery and apparatus established in the instant plant, including movable property listed in the attached attachment list, pursuant to Articles 3, 4, 6, and 36 of the Factory and Mining Foundation Mortgage Act. In the event of compulsory execution against the movable property on which the right to collateral security was established, the mortgagee may file a lawsuit of demurrer against the third party. Accordingly, the Supreme Court Decision 9 delivered on March 9, 1976.