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1. The right of retention against the Defendants’ claim for the construction cost of real estate indicated in the attached list shall be the secured claim.
Reasons
1. Facts of recognition;
A. On March 26, 2015, the Plaintiff, a special purpose company, entered into a contract with Nonparty Korea Securities Finance Co., Ltd. (hereinafter “Korea Securities Finance”) and Korea Bank Co., Ltd. (hereinafter “Korea Bank”) to transfer the status of a third party’s claim against Nonparty B (hereinafter “instant contract”) of joint collateral security (a total of KRW 20,040,000,000) established on the real estate in the separate sheet (hereinafter “instant real estate”).
The contract was about the acquisition by the plaintiff of the status of the purchaser of the Korean Securities Finance that purchased the above claim from the Korean bank.
B. As to the civil engineering works of a building newly built on the ground B in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on October 22, 2012 (hereinafter “Defendant Papperson Construction”), the construction contract was concluded between Defendant P and B, setting the construction cost of KRW 4,043,490,00, and ② on November 5, 2012, the construction cost of the building as to the construction works of the above building was KRW 9,126,786,90, and each of the above construction cost (hereinafter “the construction cost of this case”) was agreed to deposit directly with Defendant Papperson Construction in accordance with the nature of the bank that entered into a loan contract with B. The construction work was completed on May 2, 2014.
C. On January 12, 2015, the voluntary auction (hereinafter “voluntary auction”) was commenced on the instant real estate, and on January 21, 2015, Defendant A reported a lien to the auction court, respectively, on the ground that Defendant A was not paid KRW 1,778,836,90 of the instant construction cost on January 21, 2015, on the ground that Defendant A did not receive KRW 500,000,000, out of the said construction cost on August 17, 2015.
On the other hand, the Plaintiff was awarded a successful bid on June 15, 2016 at the above auction procedure.
[Reasons for Recognition] Unsatisfy, Gap 3, 11, .