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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 February 13, 1996, E Federation completed the registration of establishment of a neighboring factory under the former Factory Mortgage Act (wholly amended by Act No. 9520, Mar. 25, 2009) with respect to each of the lands and buildings and machinery, apparatus, etc. installed in the above land and buildings listed in the attached Table 2, which are owned by F Farming Association Co., Ltd. and listed in the attached Table 2, and the list of machinery, apparatus, etc. established on the above land and building is listed in the attached Table 3.
B. On February 3, 1998, FF farming association installed additional machines as listed in the annexed Table 4, and the said machines were added to the factory mortgage list.
C. On December 29, 199, the E Federation completed the registration of the establishment of a neighboring factory under the former Factory Mortgage Act with respect to each land, building, machinery, apparatus, etc. listed in the separate sheet No. 5, including the instant factory, and the list of machinery and apparatus following the above establishment of a collateral security right is listed in the separate sheet No. 6.
The E-Federation applied for a voluntary auction on the instant factory, etc., and on January 26, 2004, the Plaintiff was awarded a successful bid on the instant factory, etc. at the above auction procedure.
E. G Agricultural Partnership established the factory of this case as its principal office on July 27, 2004.
(f) On September 6, 2016, the Plaintiff drafted a contract for the lease to the instant company on September 1, 2016 (hereinafter “instant company”). The said contract contains no deposit, and only the rent is KRW 1 million per month.
G. The Defendants seized each machine, etc. listed in the Attachment 1 List (hereinafter “each of the instant machines”) in the instant factory on November 24, 2016 based on the executory exemplification of the judgment with Youngju District Court Decision 2014Kadan4735, Young-dong District Court 2016No. 2016No. 94 (hereinafter “Cheongju District Court”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. Determination as to the cause of the claim