A. The New Bank Co., Ltd. (hereinafter “New Bank”) completed the registration of the establishment of a neighboring mortgage, which constitutes a maximum debt amount of 1,560,000,000 (the maximum debt amount of 1,560,000) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) in order to secure a loan claim against A.

B. On May 29, 2012, the new bank applied for a voluntary auction on the instant real estate, and rendered a voluntary decision to commence the auction to the District Court Goyang Branch B (hereinafter “instant auction procedure”). On the following day, the new bank registered the voluntary decision to commence the auction on the instant real estate.

C. On September 25, 2012, the New Bank concluded a contract with the Plaintiff to transfer the claim for loans to A, and notified A of the transfer of the above claim. The Plaintiff was transferred from the New Bank to the applicant’s position in the instant auction procedure.

On the other hand, on August 17, 2012, when the instant auction procedure was in progress, Defendant Clean Engineering Co., Ltd. (hereinafter “Defendant Clean Engineering Co., Ltd.”) filed an application for a report on the right and a request for distribution under the Commercial Building Lease Protection Act to the effect that “as it concluded a lease contract on the instant real estate and completed the moving-in and moving-in report, it shall file an application for a report on the right and a request for distribution based on the Commercial Building Lease Protection Act,” and Defendant Stambling Construction Co., Ltd. (hereinafter “Defendant Stam Construction”), without filing a report on the right of retention in the auction court.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that there is no relation between the secured debt of the lien and the real estate of this case, and thus, there is no relation.