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(영문) 대구고등법원 2016.07.20 2015나23902
기계인도청구 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On August 30, 2006 and November 29, 2006, Tae Young-gu Co., Ltd. (hereinafter “ Tae Young-gu”) completed the registration of creation of a mortgage (the maximum bond amount of KRW 3.2 billion and KRW 6.5 million; hereinafter “instant factory mortgage”) under the name of the Daegu-gu Bank (hereinafter “Tgu Bank”) with respect to the total land for factory and factory located in the Gu, Si, Do, E, and F (hereinafter “instant land and factory building”) in accordance with the Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”).

B. Before the Daegu Bank completed the registration of creation of the factory mortgage of this case, the water distribution facilities listed in the separate sheet (hereinafter “water distribution facilities of this case”) are installed on the factory building of this case. However, the water distribution facilities of this case are indispensable facilities to use the factory building of this case.

C. After that, on October 25, 2013, Tae Young-gu entered into a security agreement with the Plaintiff on the following terms and conditions, and completed a letter of certification:

(No. 498, 2013, 201, 2013, 498, 2013, hereinafter referred to as "No. 1: Assignment and delegation of all rights arising from the default of payment on October 16, 2013 by a notary public (factory address: Gu, Si, G or H. Provided, That obligations are not assigned and delegated.

Details of delegation

1. All the powers (the authority to use money and all the rights within a factory) on tangible, intangible, selling, or other assets, and on the disposal of transfer;

2. The whole number of the above lot numbers except for Daegu Bank, National Bank, or mortgage machinery, apparatus, and list of other financial institutions:

1. The whole of machines and appliances in the factory;

2. The whole of scrap iron, forking cars, and office fixtures;

3. The whole of facilities for water and electricity distribution within a factory;

4. A person entitled to transfer or delegate all assets not entered in the factory: the Plaintiff’s case.

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