1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. This Court shall suspend compulsory execution of 2015 Chicago189.

Facts of recognition

On July 15, 2010, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”) on the land for C, 997 square meters, and D road 64 square meters, with respect to the land for C, the maximum debt amount of which is 493,200,000 square meters, and on the part of the non-party company, the registration of the establishment of a mortgage on the land for D road as the non-party company. On August 26, 2011, the Defendant completed the registration of the establishment of a mortgage on the land for which the non-party company newly built on the land for C and the machinery, equipment, as described in the attached Table 1 (hereinafter “instant machinery, equipment, etc.”) as the object of a mortgage (hereinafter “instant mortgage”).

On April 16, 2015, the Plaintiff received a decision to permit sale of the land, factory buildings, and machinery and appliances of this case from the voluntary auction procedure (this court E) applied by the Defendant based on the instant right to collateral security, and paid the price, and completed the registration of ownership transfer.

On November 26, 2015, the Defendant executed the seizure of corporeal movables on the same machinery and instruments as indicated in the separate sheet No. 2 in the instant factory (hereinafter “instant corporeal movables”) by using the authentic copy of the Seoul Central District Court Decision 2015Da101472 against the non-party company as its executive title.

(hereinafter “Compulsory Execution”. The instant machines and instruments listed in the instant annexed Table 1 and the instant corporeal movables listed in the annexed Table 2 are different objects.

【In the process of purchasing the instant corporeal movables and receiving a loan from the Defendant, the Defendant and the Nonparty Company agreed that the instant corporeal movables correspond to “all other facilities attached to a vessel or an off-board” in Article 2011-152, which is the list of the instant corporeal movables, and accordingly, did not prepare a new list of mortgages.

Even if so, such an agreement.