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1. The defendant shall be the plaintiff.
(a) deliver the machinery listed in the Appendix 1;
B. 2,681,028 Won and May 29, 2018
Reasons
1. Basic facts
A. On November 30, 2005, C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a contract to establish the right to collateral security (hereinafter “the right to collateral security (hereinafter “the right to collateral security”) in the name of the Industrial Bank of Korea as to the building of Kim Jong-si and E factory (hereinafter “the factory of this case”) and the machinery in the factory owned by it, submitted a list of machinery owned by the Nonparty Co., Ltd. in the factory of this case pursuant to Article 7 of the Factory Mortgage Act (amended by Factory and Mining Foundation Mortgage Act, Act No. 9520, Mar. 25, 2009) and added it.
B. On October 4, 201, Nonparty Co., Ltd. entered into a transfer security contract with the Plaintiff on December 13, 2013, in order to secure the Plaintiff’s obligation by borrowing KRW 70,000,000 from the Plaintiff, and entered into a transfer security contract with the Plaintiff on December 13, 2013 (hereinafter “instant 1 machine”). Nonparty Co., Ltd. delivered the instant machine to the Plaintiff by means of an alteration of possession, which continuously occupies the instant 1 machine.
C. On July 6, 2015, the F Limited Liability Company (the Industrial Bank of Korea prior to the alteration) was voluntarily rendered a decision to commence the auction of the machinery in the instant factory and factory based on the instant collateral security on July 6, 2015.
(G) (hereinafter, hereinafter, hereinafter “instant voluntary auction procedure”). (2) The detailed statement of machinery and appliances (structures) attached to the appraisal report for the instant voluntary auction procedure is as shown in the annexed Table 2 List (hereinafter “the annexed Table 2 List”). The Defendant, as the highest purchaser on December 26, 2016, was awarded a successful bid for the instant factory and factory machinery.
(3) The defendant currently occupies the present factory of this case and occupies the machinery in the above factory, and the plaintiff is the defendant for the execution of the right to transfer security.