A. On September 2, 2011, the Plaintiff reported the first auction procedure and the lien for Defendant D et al. filed an application for an auction (Korean District Court) for the exercise of security rights to the real estate on September 2, 201, based on the collateral security established on the real estate indicated in the separate sheet (hereinafter “instant real estate”).

Accordingly, the decision to commence the auction has been made and the registration of the decision to commence the auction was made on the same day.

(hereinafter “First Auction Procedure”). On July 6, 2012, the Construction Co., Ltd. Co., Ltd. (hereinafter “Preferential Construction”) reported a lien with the amount of KRW 1,19,00,000 as the claim for construction payment against I as the secured claim. Defendant D reported a lien with the amount of KRW 580,000,000 as the claim for construction payment against I as the secured claim on the same day.

On July 11, 2012, at the first auction procedure, the decision was finalized that the service of the original copy of the decision to commence the auction was dismissed on the grounds that the service of the original copy of the decision to commence the auction was unlawful.

On May 20, 2013, the Plaintiff withdrawn the first auction.

B. On May 22, 2013, the Plaintiff filed a motion for auction to exercise the security right to the instant real estate on May 22, 2013, and accordingly the real estate auction procedure commenced, and the registration of the decision on commencement of auction to exercise the security right was made on the same day.

(hereinafter “Second Auction Procedure”). On August 19, 2013, the Defendants reported the lien that the Defendants have the lien of KRW 2,130,000,000 for the construction cost as the secured claim.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, Eul evidence 1-14, 15, 17, 28, the purport of the whole pleadings

2. The assertion and judgment

A. In a lawsuit for passive confirmation of the presumed legal doctrine, the Plaintiff’s assertion that the cause of the right, etc. is denied by specifying the rights and legal relations, which are the subject matter of the lawsuit first.