2...

A. The National Bank Co., Ltd. (hereinafter “National Bank”) filed an application for voluntary auction on the basis of the right to collateral security established on the real estate listed in the [Attachment List Nos. 1] and the real estate listed in [Attachment List Nos. 2, 3, 4, and 5 [Attachment List No. 1] as “the instant rest area” and “the instant gas station,” and all of them together, filed an application for voluntary auction. Accordingly, on July 5, 2012, the voluntary auction procedure for the instant building (hereinafter “the instant auction procedure”) was commenced on July 5, 2012, and the registration of voluntary auction order was completed on the same day.

또한 이 사건 건물에 관한 근저당권자인 에스케이네트웍스 주식회사의 신청에 의하여 2012. 7. 18. 이 법원 E로 이 사건 건물에 관한 임의경매절차가 개시되어 이 사건 경매절차에 병합되었고, 같은 날 임의경매개시결정 기입등기가 마쳐졌다.

B. On November 29, 2012, when the instant auction procedure was in progress, the Plaintiff acquired the claim and collateral security against B and C from the National Bank.

C. On September 24, 2012, the Defendant reported a lien to the above auction court stating that “The instant building is leased and possessed, and the construction cost of the instant gas station is KRW 19,324,800 paid as the repair cost of the instant gas station, and the Defendant has the right to claim reimbursement of expenses of KRW 177,324,800,000,000 paid as the construction cost of the rest area of this case, which is KRW 158,000,000.”

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3-1-6, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The lease agreement entered into by the Defendant on the instant building does not exist falsely, and there is no construction cost claim claimed by the Defendant as the secured claim under the lien. (ii) Even if the Defendant had a construction cost claim or a right to claim reimbursement of the cost therefrom, the period of payment for the construction cost claim shall be the lease contract.