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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B: (a) The establishment of a right to collateral security on B-owned real estate (hereinafter “instant real estate”) is: (a) Dong-gu, Chungcheongnam-gu; (b) the land for a factory of 266 square meters; (c) the land for a factory of 3,219 square meters; (d) the mobile single-story factory on D-ground; and (b) the 2-dong building; and (c
) Machines and apparatus listed in the separate sheet with respect to the instant real property (hereinafter “instant machines and apparatus”).
(2) The Han Bank Co., Ltd. (hereinafter “I Bank”) extended money to B from around August 2013, and completed the registration of creation of a mortgage on each of the maximum debt amount of the instant real estate and the instant machines and apparatus as joint collateral on August 8, 2013, with the maximum debt amount of KRW 1.12 billion on October 21, 2013, the maximum debt amount of KRW 120 million on April 25, 2014, and the maximum debt amount of KRW 120 million on April 25, 2014, and KRW 84 million on October 31, 2014.
3) Meanwhile, in order to secure a claim for the purchase price of goods against B on August 9, 2013, the Plaintiff entered into a mortgage agreement of KRW 600 million with respect to the instant real estate, and completed the registration thereof on August 16, 2013. (B) Around October 21, 2011, the Plaintiff entered into a mortgage loan agreement with B to lend KRW 400 million to B, and B transfers the ownership of the machinery and apparatus as indicated below to the Plaintiff by means of an amendment of possession and possession of the ownership of the machinery and apparatus as indicated below for the purpose of securing the performance of the loan obligation. As to the said contract, the Plaintiff entered into a mortgage agreement with E notary joint office No. 1368 of 2011 (hereinafter referred to as the “instant security agreement”). The subject-matter is the machinery and apparatus indicated below as the instant security.
). 순번 품명 규격 수량 제작사 1 톰슨(전자동) 1700×1100 1 욱일기계(주) 2 삼면접착기 1200×400 1 F(일본) 3 후렉소인라인(4도) 2700×1250 1 G 4 DGS인쇄기(2도 2400×1500 1 H 5 핫멜트 접착기 1 I 6 반자동철 접합기 1 G 7 로타리스레터 2400×1250 1 H 8...