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(영문) 광주고등법원(전주) 2016.04.21 2015나101523
배당이의
Text

1. The part against Defendant J among the judgment of the first instance court, and the part against Defendant N, which is corrected below.

Reasons

1. Basic facts

A. (State) On November 24, 2011, the Bank of Korea completed the registration of the establishment of a mortgage on each real estate, factory, and mining foundation in the separate sheet owned by it (hereinafter “State”) No. 2011-27 of the Inventory 6 of the Factory Mortgage Act (hereinafter “List of the Factory Mortgage Act”) (specific contents are as follows; hereinafter “the following machinery and equipment”), the maximum debt amount of which is KRW 1,560,000,000, and the debtor and the debtor are the Bank of Korea (State) and the debtor are the Bank of Korea.

Section 20,000,000 93,000,000,000 280,000,00242,00,0002,002,000,000 242,000,000,000 for machinery equipment and appliances for the purpose of the classification (type) structure, size, form, and quantity (p) unit price (if the goods are the cost of KRW 242,00,002,002,000,000 for 186,000,0000,280,0000,280,000,280,0000, 280,0000,280,0000,280,000,0000,0000, 148,000,000

B. On March 16, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage by the Plaintiff, as to each of the real estate listed in the separate sheet owned by the P as of March 16, 2012, and Article 2012-3 of the List of Real Estate and Factory Mortgage Act.

Meanwhile, Article 2012-3 of the List of Factory Mortgage Act is the same as the list 2011-27 of the Factory Mortgage Act.

C. As to the list of real estate and factory mortgage on October 23, 2012 listed in the separate list owned by Defendant N on October 23, 2012, Defendant N completed the registration of creation of a neighboring mortgage on the following: (a) the maximum debt amount of KRW 700,00,000; (b) the debtor; (c) the debtor; and (d) the mortgagee as Defendant N.

On the other hand, the machines and instruments of this case are included in the list of No. 2012-30 of the Factory Mortgage Act.

( Note)The Centre Savings Bank shall include on November 15, 2012, each real estate, etc. listed in the separate sheet on June 7, 2012, paragraph 6 of the annexed Schedule No. 6, which completed the registration of the establishment of an additional building on June 7, 2012, including 1,95.84 square meters of general steel structure steel board factory, 1,995.84 square meters, and the Jeonju District Court with respect to Section 201-27 of the Factory Mortgage Act.

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