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가. 에스케이네트웍스서비스주식회사는 별지 목록 기재 각 부동산(이하 ‘이 사건 부동산’이라 한다)에 관하여 이 법원 C 임의경매신청을 하였고, 이 법원은 2013. 4. 9. 경매개시결정(이하 ‘이 사건 경매개시결정’이라 한다)을 하였으며, 같은 날 그 기입등기가 마쳐졌다.

B. The Plaintiff filed an application for voluntary auction of the instant real estate with regard to DD with regard to the instant real estate as a mortgagee of the instant real estate (the auction procedure overlapping with C; hereinafter “instant auction procedure”), and the instant court rendered a decision to commence auction on January 10, 2014, and the entry registration was completed on the same day.

C. In the instant auction procedure, the Defendant Kuung Construction Co., Ltd. reported the right of retention on August 23, 2013; Defendant A, and Pure Industries Development Co., Ltd. on September 25, 2013; Defendant Kusung Electric Co., Ltd. on January 29, 2014; and Defendant B on February 3, 2014, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against Defendant Won Construction Co., Ltd.

A. The Plaintiff asserted that there was a lien in the instant auction procedure even though there was no lien on the instant real estate because the Defendant Kuung Construction Co., Ltd., indicating the claim did not possess the instant real estate, and therefore, the Plaintiff filed the instant lawsuit to confirm that there was no lien on the Defendant Kuung Construction Co., Ltd.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);

3. Determination as to the claims against the remaining Defendants except for Defendant Kuung Construction Co., Ltd.

A. The attachment takes effect upon the completion of the registration of the decision on commencing auction on real estate, such as buildings owned by the obligor of legal doctrine.