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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. From December 24, 2008 to March 25, 2009, the Plaintiff supplied steel products to Korea Mutual Aid Machinery Corporation (hereinafter “Korea Mutual Aid Corporation”). The price for the goods that was not paid is KRW 49,113,974.
B. On the other hand, Korea’s public assistance owned 481-6 m2, 481-5 m2, e.g., Sinsung-si 481-6 m2, e., Sinsung-si 4,354 m2. However, an application for annexation of the above two lands was filed on Sep. 8, 2008, and accordingly, it became 4,359 m2, e.g., 481-5 m2.
C. As above, with regard to the above 481-6 land as a security against the above goods payment obligation, Korea’s public assistance was completed on March 12, 2009 the establishment registration of the instant neighboring mortgage amounting to KRW 60 million with the Suwon District Court No. 9624 on March 12, 2009.
After that, on August 25, 2009, the Suwon District Court Ansan District Court completed the combination registration of the above 481-5 land and the above 481-6 land with the commission of the combination registration of the above 481-5 land and the above 481-6 land (hereinafter referred to as the "land after the combination"), and closed the registration of the combination of lots (hereinafter referred to as the "registration of the combination of lots") with the land 4,359 square meters (hereinafter referred to as the "registration of the above 481-6 land before the merger. In the process, the establishment registration of the neighboring lots of this case was not transferred to the new register.
E. Meanwhile, on September 2, 2009 with respect to land after the merger, the Industrial Bank of Korea, which was the first priority mortgagee, was cancelled on the ground of termination, and the National Agricultural Cooperative Federation established a new collateral and completed the registration of the establishment of the new collateral security. After that, upon receiving the claim of the National Agricultural Cooperative Federation, the UAF limited liability company specialized in the first priority securitization applied for a voluntary auction, the said land was sold to the said company on December 16, 201 at the auction procedure.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 6 and 7.