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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 July 28, 2009, the Plaintiff acquired the ownership of the first floor factory of C with the first floor (hereinafter “instant factory”).
B. The Plaintiff installed the instant cranes and transformers at the instant plant.
C. On April 25, 2012, the Plaintiff, upon receiving a loan from the National Bank of Korea (hereinafter “National Bank”), set up a collateral security right under the Factory and Mining Foundation Mortgage Act (hereinafter “instant collateral security right”) with respect to the land and site of the instant plant, two factories, and machinery, appliances, etc. installed in the said factories to the National Bank.
However, the list of the security of the instant right to collateral was missing with the instant stresser and pressure.
The defendant, at the auction procedure on September 30, 2015 (U.S. District Court D, hereinafter "the auction of this case"), including the factory of this case.
As of the date of closing argument of this case, the Minister of Land, Infrastructure and Transport has purchased the instant straws and transformers in the factory of this case.
However, in the auction procedure of this case, the Creins and variables of this case were not the objects of auction.
E. The market price of the transformation machines of this case is 20,500,000 won.
【Ground for recognition】 The facts without dispute, Gap evidence Nos. 1- 6, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is not the collateral of the instant right to collateral security, but the subject matter of the instant auction, and thus, the Defendant did not purchase it.
In addition, since the cler of this case is nothing more than a means of movement for the movement of goods, it is not related to the operation of the factory of this case, and it is possible to move the goods to other means, such as forkicks, etc., and there is no particular effort or cost to separate the cler of this case from the factory of this case.
Therefore, the instant Lesin is not directly related to the utility of the instant factory itself, but is an accessory to the instant factory.