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1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet of real estate;
2...
Reasons
1. Indication of claim;
A. The Plaintiff, as a creditor against C, is the mortgagee of the right to collateral security on each of the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”). On May 5, 2013, the Defendant was awarded a contract with C for the construction of housing site for each of the instant real estate at KRW 2,456,60,861.
B. Around November 4, 2016, the Defendant: (a) claimed a lien on each of the instant real estate with the said construction cost as the secured claim; and (b) filed a lawsuit against the Defendant seeking confirmation of existence of the right of retention against the Defendant by U.S. District Court 2014Gahap3418; (c) the Plaintiff, D, and the Defendant agreed to the effect that “D withdraws the said lawsuit; (d) the Defendant submitted a written waiver of the right of retention to the Plaintiff, D, and the court; and (d) the Defendant would not claim the right of retention on each of the instant real estate thereafter (hereinafter “instant agreement”).
C. On April 23, 2018, the Plaintiff applied for a voluntary auction on the instant real estate to Ulsan District Court E, and received a decision to commence a voluntary auction on April 23, 2018. On January 22, 2019, the Defendant reported a lien on the instant real estate held as the secured claim (i.e., construction price of KRW 4,825,706,348 (i.e., interest on delay calculated at the rate of 20% per annum from March 22, 2014 to January 22, 2019).
In accordance with the agreement of this case, the Defendant renounced the right of retention for the construction cost of housing site preparation works as the secured claim and asserted the right of retention for each real estate of this case as the secured claim at the auction procedure for each real estate of this case where the Defendant did not have any lien for each real estate of this case. As such, the Plaintiff has the interest to seek confirmation of
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;