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1.The judgment of the first instance shall be modified as follows:
Attached Form
With respect to the land described in paragraph (b) of the list 1.
Reasons
1. Basic facts
A. The Plaintiff loaned a loan to the coastal company (hereinafter “coastal”) and registered the establishment of a mortgage on each land listed in paragraph (1) of the attached Table No. 1 of the Coast owned by the Plaintiff (hereinafter “the instant land No. 1, 2”) on January 28, 2008 with respect to the registration of the establishment of a neighboring mortgage consisting of maximum debt amount of 680,000,000,000, superficies creation on January 29, 2008, and the registration of the establishment of a mortgage on June 24, 2008, respectively.
B. On November 4, 2010, the Defendant entered into a contract for the construction of two factories on the instant land from the coast (hereinafter “instant construction”) with the contract amount of KRW 1,550,000,000 (excluding value-added tax) and the construction period from October 2, 201 to March 4, 2011. The instant construction was performed in accordance with the said contract. As the Defendant did not receive progress payment from the coast, the construction was suspended on the instant land No. 1, which completed only one factory (the real estate listed in attached Table No. 2; hereinafter “instant factory”) on the instant land.
C. On May 19, 2011, the Defendant filed a lawsuit against the coast for the claim for construction cost under the Loyang Branch of the District Court 201Gahap4827, and the said court rendered a judgment on June 27, 2012 that “the coast shall pay to the Defendant KRW 753,714,000, and damages for delay.”
On the other hand, the coast appealed Seoul High Court No. 2012Na58465, but the above court rendered a judgment dismissing the coast's appeal on March 19, 2013, and the above judgment became final and conclusive around that time.
On September 2, 2012, the defendant applied for a compulsory auction on the land Nos. 1, 2, and factory of this case to this court on September 2, 2012, and this court rendered a decision to commence compulsory auction on September 20, 2012.
After that, as to the land Nos. 1 and 2 of this case, the registration of the entry of the decision to commence compulsory auction was completed on September 24, 2012, and as to the factory of this case which was unregistered, the registration of the application for compulsory auction on October 25, 2012.