유치권부존재확인의 소
1. It is confirmed that no lien on each real estate listed in the separate list of the Defendants does exist.
2...
1. Basic facts
A. On March 30, 2007, Nonparty C entered into a contract for construction works that newly build a hospital (hereinafter “instant hospital”) on the D ground of Ulsan-gu, Ulsan-gu (hereinafter “instant hospital”) with an advanced comprehensive development company (hereinafter “Advance development”), and with the construction cost of KRW 12,241,90,000,000 (hereinafter “instant construction works”) around April 10, 207, Nonparty C entered into a contract for construction works that newly build a new building (hereinafter “instant construction works”). Nonparty C entered into a contract for construction works that newly build a new building (hereinafter “instant construction works”) on the attached list (hereinafter “instant construction works”) with the construction cost of KRW 2,778,00,000 on April 10, 207 with the construction cost of KRW 2,78,00,000.
[The contract for the alteration of construction cost of KRW 4,950,00,000 finally made on May 31, 2008 through several subsequent revisions (hereinafter “instant contract”).
b) concluded a contract.
Around December 2008, advanced comprehensive development completed the instant construction project, and confirmed on December 17, 2008, that there was a debt of KRW 4,149,900,000 for the remainder of the construction cost of the instant hospital between C and the advanced comprehensive development, and that the due date is 18% per annum of January 31, 2009 and the late payment damages rate is 18% per annum of 2008.
C. On October 9, 2008, the Plaintiff entered into a credit transaction agreement with C to lend KRW 3.2 billion, and completed the registration of establishment of each of the following facilities as the Ulsan District Court No. 81651 on October 9, 2008 with respect to the commercial building of this case owned by C.
However, as C in arrears with the repayment of loans, the Plaintiff notified C of the fact that the interest based on the loans was lost, and on October 22, 2013, applied for a voluntary auction of the instant real estate based on the foregoing collateral security (right to claim the principal and interest of loans). The Ulsan District Court rendered a voluntary decision to commence the auction of the instant real estate on December 23, 2013.
(hereinafter “instant auction procedure”). D.
Defendant.