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1. The Defendants are each goods described in the table Nos. 1 through 3, 7, 9, and 12 to the Plaintiff Co., Ltd.
Reasons
1. Basic facts
A. On October 14, 2013, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) sold the land for factory in attached Table 2(1) (hereinafter “instant land for factory”) and each real estate listed in attached Tables 2 through 7 (hereinafter “instant factory”) in the voluntary auction procedure, and completed the registration of ownership transfer on the same day.
B. Since then, Plaintiff B installed in the instant plant the machinery of “Happan Film EXUDER” and “Happan EXT” machinery (hereinafter collectively referred to as “the film manufacturing machinery of this case”) and produced films used for food packaging, etc.
C. On May 11, 2015 and August 12, 2018, Plaintiff B created a right to collateral security under Article 6 of the Act on Mortgage on Factory and Mining Foundation with respect to the instant factory site, factory site, and film manufacturing machinery, etc. installed in the said factory.
The Small and Medium Business Corporation filed an application for voluntary auction on the instant factory site and factory site and the instant film manufacturing machinery, etc. (hereinafter “instant auction”) with Cheongju District Court E, and received a decision to commence auction on June 7, 2017, and completed the auction procedure on March 20, 2018 upon the Defendants’ sale and completed the registration of ownership transfer on the instant factory site and factory site.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 1 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs' assertion 1) The articles listed in the separate sheet No. 1 (hereinafter "the articles of this case") are attached to the film manufacturing machine of this case or are located within the factory of this case. The articles of this case are not included in the factory site and factory of this case and the film manufacturing machine of this case, which are the objects of the auction of this case. Thus, the defendants are each of the articles of this case at the auction of this case.