유치권부존재확인
1. It is confirmed that the Defendants’ lien on real estate listed in the separate sheet does not exist.
2...
1. Basic facts
A. On August 28, 2012, the Plaintiff loaned KRW 820,000,000 to A, and on the same day, registered the establishment of a mortgage over KRW 1,066,000 with respect to the real estate listed in the separate sheet owned by A (hereinafter “instant real estate”).
On October 22, 2014, the Plaintiff applied for an auction based on the foregoing right to collateral security and rendered a judgment of voluntary decision to commence auction to Chungcheong District Court B. On the following day, the Plaintiff registered voluntary decision to commence auction on the instant real estate.
B. On May 9, 2011, Defendant Indones Construction Co., Ltd. (hereinafter “Defendant Indones Construction”) entered into a contract for civil engineering works with the medical corporation C (hereinafter “C”) on May 9, 201, for construction cost of KRW 640,00,000 for the voice group D, E, and F (excluding value-added tax).
On May 10, 201, Defendant Indones Construction commenced its construction on May 10, 201 and discontinued its construction on June 30, 201.
Then, on December 29, 2014, Defendant Indones Construction reported a lien on the instant real property as a secured claim by asserting that C had a claim for the construction cost of KRW 1,126,400,000 against Cheongju District Court (hereinafter “instant voluntary auction procedure”) under the discretionary auction procedure to be conducted as Chungcheong Branch B (hereinafter “instant voluntary auction procedure”).
C. On May 17, 2011, Defendant Cheongfriendly Development Co., Ltd. (hereinafter “Defendant Cheongfriendly Development”) entered into a subcontract for civil engineering works with respect to the construction cost of KRW 450,000,000 for the FF members of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
On January 5, 2015, Defendant Cheongfriendly Development reported a lien on the instant real estate as the secured claim, alleging that it had a claim for construction cost of KRW 450,000,000 in the instant voluntary auction procedure, and that there was a claim for construction cost of KRW 450,00.
Defendant Hye Forest Construction Co., Ltd. (hereinafter “Defendant Hyelim Construction”) is against Defendant Cheongeung-gun Fil on May 18, 201.