유치권부존재확인
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Basic facts
A. In order to secure the claim for loans against D, the Plaintiff completed the registration of creation of a mortgage with respect to each of the real estate listed in the separate sheet owned by D (No. 32507, Jul. 28, 2010) as to each of the real estate in the separate sheet owned by D (hereinafter “each of the instant real estate”) by the debtor D and the maximum debt amount of KRW 845,00,000.
B. D’s failure to repay the above loan obligation, on September 25, 2013, the Plaintiff filed an application for auction of each of the instant real estate with the Gwangju District Court wooden Branch E, and completed the registration of a voluntary decision to commence auction on September 26, 2013. The said voluntary auction case was commenced on October 12, 2012, and was merged with the said court F compulsory auction case which completed the entry registration on October 15, 2012.
(hereinafter referred to as “instant auction procedure”). (c)
Defendant A completed the establishment registration of a neighboring mortgage at KRW D and the maximum debt amount of KRW 138,80,000,00 with respect to each of the instant real estate under the 14134 received on April 4, 2013 by the Gwangju District Court, as the obligor D and the maximum debt amount.
In the instant auction procedure, on April 12, 2013, Defendant A reported a lien of KRW 152,680,000, including the construction work for extension of the first floor and the eighth floor of each of the instant real estate, as the secured claim. The Defendant Limited Company B (the representative G; hereinafter “instant Defendant Company”) reported a lien of KRW 350,00,000 as the secured claim for the construction work for the eightth floor of each of the instant real estate and the construction work for the first floor through the seventh floor of each of the instant real estate on July 10, 2013. The Defendant C reported a lien of KRW 73,60,000 as the secured claim on July 19, 2013.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including provisional number), and the purport of the whole pleadings
2. The parties' assertion;
A. The Plaintiff Defendants are entitled to each of the instant real estate in the instant auction procedure until the registration of the initial decision to commence compulsory auction has been completed.