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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”);
(A) On April 29, 201, a building for manufacturing cement block (hereinafter “instant factory building and land”) owned by B 4,950 square meters of land for factory and C in Yangju-si owned by A, and its ground cement block (hereinafter “instant cement block”).
As to the maximum debt amount of KRW 960,000,000 and the debtor D Co., Ltd. (hereinafter “D”).
(1) the Factory Mortgage Act (hereinafter referred to as the “factory Mortgage Act”)
(2) On the machinery and appliances list pursuant to Article 6 of the Factory Mortgage Act, the registration of the establishment of a neighboring mortgage was completed. (2) On the machinery and appliances list pursuant to the above Article 6 of the Factory Mortgage Act, the registration of the establishment of a neighboring mortgage shall contain descriptions of the mixtures, automatic oil pressure type type, boiler, the boiler, the two-wayr, the dia
3) On March 16, 2012, our bank completed the registration of creation of a mortgage over the instant factory building and land, the maximum debt amount of which is KRW 60,00,000,000, and the general real estate neighboring the debtor D’s real estate. (B) Korea bank, which acquired the ownership of the Defendant, etc., filed an application for voluntary auction on the instant factory building and land with the District Court E on April 8, 2013, and filed an application for voluntary auction on the instant factory building and land (hereinafter “instant auction”).
(1) The Defendant and the Selection Co., Ltd. (hereinafter the Defendant and the Selection Co., Ltd.) were commenced. The Defendant and the Selection Co., Ltd. shall be referred to as “Defendant, etc.”
(C) On February 27, 2014, at the auction of this case, the Plaintiff acquired ownership by winning one-half shares of each of the above buildings and land. (3) The Plaintiff secured the title of execution and compulsory execution against the machinery and instruments of this case. (1) The Plaintiff filed an order for payment with D seeking payment of the unpaid amount of KRW 208,385,576 as it supplied cement and did not receive the payment of the said goods, and the payment order was finalized on August 8, 2013 by filing an application with Seoul Northern District Court 2013 tea16499.
2 The plaintiff is subject to the order of the above finalized payment. The plaintiff is in Crine among the machinery and appliances of this case.