유치권부존재확인 등
1. The plaintiff and defendant vice-construction Co., Ltd. as to each real estate listed in the separate sheet No. 1.
1. Determination as to the claim against Defendant Busan Construction Co., Ltd.
A. Fact-finding 1) The Ulsan National Agricultural Cooperative (hereinafter “Ulsan National Agricultural Cooperative”) was a creditor of the Lone Star Development Co., Ltd. (hereinafter “Lone Star Development”) on May 30, 2013, and completed the registration of the establishment of a mortgage on each of the real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”) owned by the Lone Star Development Co., Ltd. (hereinafter “Done Star Development”), which is the creditor of the Lone Star Development Co., Ltd. (hereinafter “Sone Star Development”), with respect to the real estate (hereinafter “the instant real estate”), KRW 910 million with maximum debt amount, and the debtor Lone Star Development Co., Ltd.
(B) Ulsan National Agricultural Cooperative Co., Ltd. filed an application for voluntary auction on September 23, 2016 with respect to the instant real estate on the same day (the Changwon District Court Jinwon Branch A; hereinafter “instant auction procedure”). The said claim was voluntarily decided to commence auction (the instant auction procedure”).
(2) On October 13, 2016, the Plaintiff acquired the instant right to collateral security (right to collateral security) and the Plaintiff’s registration of transfer of collateral security (right to collateral security) on September 27, 2016, and subsequently succeeded to the status of the creditor of the U.S.C. Dogwon Agricultural Cooperative on October 13, 2016, on November 7, 2016, the Plaintiff acquired the instant right to collateral security (right to collateral security) on which the U.S. Agricultural Cooperative owned the instant right to collateral security (right to collateral security) on the instant real estate.
3) Defendant Busan Construction Co., Ltd. (hereinafter “Defendant Busan Construction”) reporting lien on the instant real estate by Defendant Busan Construction Co., Ltd. (hereinafter “instant real estate”).
On July 19, 2017, the instant auction procedure claimed that the Plaintiff has a claim for the construction cost equivalent to KRW 2.72 billion with respect to the instant real estate, and any damages for delay thereof, and reported the lien on the instant real estate. [Ground for recognition] Facts without dispute, Gap evidence 1 through 3 (including the serial number; hereinafter the same shall apply)
The evidence No. 4-1, 1.