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1. Revocation of a judgment of the first instance;
2. As to each real estate listed in the separate sheet, KRW 150,000,000, respectively.
Reasons
1. Basic facts
A. On April 12, 2011, 10, 10, 11, and 12 pertaining to each real estate listed in the [Attachment No. 1] or 9 among the real estate listed in the separate sheet (hereinafter “the instant real estate”), our bank (hereinafter “Korea Bank”) completed the registration of creation of a new mortgage over each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) with respect to each real estate listed in the separate sheet No. 1 through No. 9, and the [Attachment No. 10, 11, and 12] on December 22, 2011.
B. Our bank, based on each of the above collateral security rights, filed an application for voluntary auction with the Goyang Branch of the District Court for each of the instant real estate, and on April 19, 2013, upon receipt of a decision to commence the auction of real estate from the above court on April 22, 2013, completed the registration of the voluntary decision to commence the auction on April 22, 2013, and is currently underway the auction procedure (hereinafter “instant auction procedure”).
C. Pursuant to Article 8(1) of the Asset-Backed Securitization Act, the Plaintiff acquired a claim against the KABK from the KAB and the maximum debt amount of 9.6 billion won against each of the instant real estate from the KAB.
The Korean bank shall register the transfer of securitization assets in accordance with the asset-backed securitization plan to the Financial Services Commission, and notified the transfer of the assets to the KAWK.
E. In the auction procedure of this case, E, F, D, D and Mama Construction Co., Ltd. filed a lien report with the above court. However, the Defendants asserted that they did not file a lien report at the above auction procedure and placed a banner on the access road to each real estate of this case in the name of D Co., Ltd. (representative A and B), which was not registered as a corporation in the corporate register, while exercising a lien on each real estate of this case, they did not perform the civil construction work for each real estate of this case and did not receive the construction cost of KRW 150,000,000.
[Ground of recognition] Unsatisfy, Gap evidence 1.