유치권부존재확인
1. Claim for construction cost of KRW 1,019,460,050 for each real property listed in the separate sheet shall be deemed a secured claim.
1. Basic facts
A. On April 3, 2014, the Defendant purchased each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”) from C and D (hereinafter “instant land”) and completed the registration of ownership transfer in its name on each of the instant lands on the same day.
B. On April 22, 2014, the Defendant obtained a building permit for detached houses (multi-family houses) in which himself/herself is the owner on the ground of the instant land from Ulsan-gun, and obtained a building permit for detached houses (multi-family houses) in which himself/herself is the owner on the ground of the instant land on April 29, 2014.
C. From April 10, 2014, the Defendant started construction works on the land of this case as indicated in paragraph (3) of the attached Table No. 3 (hereinafter “instant building”) and on the land of this case listed in paragraph (4) of the attached Table No. 4 (hereinafter “instant building”) on the ground of the instant land by awarding a contract for steel structure construction to the Han Construction Industry. D. The instant building No. 1 and 2, including the instant building No. 1 and 2, began.
On January 30, 2015, when the construction of each of the instant buildings was in progress, the Defendant concluded a sales contract between E and E to sell the instant land and the instant building to KRW 700 million (in lieu of the payment thereof, E decided to acquire KRW 340 million as collateral obligation, and to sell the instant land and the instant building KRW 200 million (in lieu of the payment thereof, E decided to acquire KRW 340 million as collateral obligation), and to sell the instant land and the instant building KRW 2,70 million as collateral obligation (in lieu of the payment thereof, E decided to acquire KRW 340 million as collateral obligation).
(The above sales contract is the same as other parts than the subject matter of sale; hereinafter the above sales contract is referred to as the "instant sales contract"). The main terms of the instant sales contract are as follows.
(1) A seller shall complete all works by the completion of construction and change the name of the project owner in the name of the purchaser.