유치권부존재확인 청구의 소
1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.
2...
1. Basic facts
A. On March 23, 2011, the Industrial Bank of Korea completed the registration of creation of the right to collateral security (hereinafter “mortgage security”) with regard to the real estate listed in separate Forms 1 through 4 (hereinafter “each site of this case,” the real estate listed in separate Forms 1 through 3, “factory building of this case,” and each real estate listed in separate Forms 1 through 4 (hereinafter “each real estate of this case”) with regard to the debtor, Nonparty C Co., Ltd. (hereinafter “C”) and the maximum debt amount of 1.2 billion won.
B. On October 22, 2014, the Industrial Bank of Korea filed an application for voluntary auction of each of the instant real estate with the District Court D, and received a decision to commence an auction of real estate (hereinafter “instant auction”) on October 22, 2014, and completed the registration on the same day.
C. In the instant auction procedure, the Defendants reported the right of retention to each real estate of this case as indicated below.
On January 23, 2015, the content of the secured claim as of the date of reporting the lien for the reporter (hereinafter “Defendant Reference Industry Development”) and the total amount of loans granted to C for the construction work of the factory building in this case and for the development of the Defendant Jinjin Industry on January 28, 2015, 575,000,000 A, January 28, 2015, 230,000,000,000 B B for steel framed and Gaps Construction Work on the factory building in this case, and 60,61,260 on January 29, 2015.
D. Meanwhile, under the Asset-Backed Securitization Act, the Plaintiff acquired the instant collateral security right from the Industrial Bank of Korea by acquiring the Bank’s loans to C, and registered it with the Financial Services Commission.
[Grounds for recognition] Gap evidence 1 to 5, 7, 8, 12 (including branch numbers, hereinafter the same)
2. The parties' assertion
A. Among the claims asserted by the Plaintiff as secured by the lien, each claim for construction cost against C does not exist, and the development of Defendant Jinjin Industry is under the above lien.