유치권부존재확인
1. As to the real estate stated in the attached list, Defendant D Cases Construction Co., Ltd. 749,431,39 won and its corresponding amount.
1. Basic facts
A. 1) The Industrial Bank of Korea established a mortgage on each of the instant real estates 1) In order to secure the claim for loans to C, the Bank of Korea established a single building E (hereinafter “instant commercial building”) for the purpose of securing the claim for loans to C owned.
(2) Each real estate listed in the separate sheet (hereinafter “instant real estate”)
(2) On September 16, 2009, on the instant real estate with joint collateral, the Plaintiff completed the registration of creation of a collateral with the maximum debt amount of KRW 1,188,00,000 (hereinafter “instant collateral security”).
(2) The Plaintiff received from the Industrial Bank of Korea the transfer of the instant mortgage and its secured claim, and the Industrial Bank of Korea notified C of the transfer of claims on June 26, 2013.
B. 1) Commencement of the instant auction procedure
(2) On October 23, 2012, the Industrial Bank of Korea filed an application for a compulsory auction against the instant commercial building, etc. with the F of this Court, and received a decision to commence the auction from the said court on October 24, 2012. The said decision was registered on October 24, 2012. (2) The Industrial Bank of Korea filed an application for a voluntary auction against the instant real estate, etc. to G with the instant court based on the instant right to collateral security and received a decision to commence the auction from the said court on January 11, 2013.
3) On February 5, 2013, Korea Bank applied for a voluntary auction to the instant commercial buildings, etc., and received a decision to commence the auction from the said court on February 6, 2013, and the said decision was registered on February 6, 2013. The said G and H auction cases were combined with the said F auction cases (hereinafter referred to as the “instant auction”), and all the auction cases conducted by the said combination were combined with the said auction cases (hereinafter referred to as “instant auction”).
(C) On August 20, 2013, the Defendant Company reported a lien (1) 749,431,39 won out of the construction price claim against C in relation to the instant new commercial building construction at the instant auction procedure, and 16% per annum from April 1, 2010 to September 21, 2012, and thereafter from the next day.