청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. On December 3, 2007, D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) conducted a housing site development project and a new house construction project with permission for the creation of a housing site on seven lots (three lots of money are I, J, K, and K land; J, and K were excluded on December 30, 2013; J and K were excluded from the subject of permission. On August 8, 2010, D obtained permission for the development of a housing site and a new housing site development project with respect to one piece of land adjacent to the instant land, which is located in the instant land, as a combination of four lots) including 2,050 square meters prior to E, 2,050 square meters, 3,651 square meters prior to G miscellaneous land, and 1,668 square meters prior to H miscellaneous land (hereinafter “instant land”). Around December 30, 2013, D obtained permission for the development of a housing site to enter the housing site.
(hereinafter referred to as “instant development permit” by combining two recommendations for development permit. (B)
On April 19, 2010, the non-party company contracted to L on April 19, 2010 the construction of a new 19 unit of electric source housing on the instant land in KRW 8.55 billion.
C. Since around August 2010, the non-party company was unable to pay not only the construction cost but also the interest payment for the loan to the non-party M&A (hereinafter “M”), which is a collateral security right to the land of this case, due to the aggravation of financial standing from around August 2010, a compulsory auction commenced on August 26, 2010 (this court N) and two voluntary auctions were joined in the compulsory auction case.
(hereinafter referred to as “instant auction”) D.
On October 27, 2010, L reported the lien to the executing court conducting the auction of this case by setting the claim for construction cost of KRW 2.35 billion as the secured claim.
E. In the instant auction procedure, on September 28, 201, an appraisal of KRW 7.348 billion had been conducted once at the minimum sale price, but failed. At the same time, the two, 3, and 4th sale date (on December 20, 2012; January 18, 2013; February 22, 2013), all were failed, and the minimum sale price of the instant land was reduced to KRW 2,520,364,00 on the fifth sale date as seen below. Accordingly, the interested parties of the instant land.