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(영문) 서울고등법원 2015.08.19 2014나2048147
소유권확인등 청구의 소
Text

1. The plaintiff among the judgment of the court of first instance, as to the machinery, apparatus, and structure that confirm the ownership of the plaintiff.

Reasons

1. Facts of recognition;

A. On November 30, 2011, the effect of factory mortgage (hereinafter “instant factory mortgage”) on the factory site and the 4th floor factory building (hereinafter “instant real estate”) in the attached Table 2 owned by PakistanS Korea Co., Ltd. (hereinafter “SadaS Korea”) was initiated by the voluntary auction procedure with the execution of factory mortgage (hereinafter “instant factory mortgage”).

In this procedure, the Plaintiff was determined as the buyer and registered the ownership transfer of the instant real estate on September 16, 2013, and among them, the number of attached Table Nos. 1 listed in the annexed Table No. 5, 6, 8, 11, (1), (2) and (3). (hereinafter “the instant machinery and appliances”) were sold en bloc together with the instant real estate.

B. Machines and apparatus of this case 1), 5, 8, 8, 1, 8, 1, 2, 4, the factory building of this case is composed of dyp dyp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp.

They are adjacent to main pipes installed in the factory building, and reuse can be made if they are cut off and separated from the adjoining parts, but the value is merely 1/10 of the value of the new goods.

[Based on recognition] The descriptions and images of Gap evidence Nos. 1, 8, 9-13 (including paper numbers) and the purport of the whole pleadings

2. The judgment of the factory mortgage.

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