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1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.
2...
Reasons
1. Facts of recognition;
A. The Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) created each right to collateral security regarding the real estate Nos. 1, 3, and 4 as indicated in the [Attachment] List on July 20, 2005 in order to execute loans to C and secure its loan claims, and the real estate No. 2 as indicated in the same List on June 1, 2007 (hereinafter “instant real estate”).
B. Since then, as C did not repay its loan obligations, the Nonparty bank filed an application for voluntary auction on the instant real estate with the Seocho District Court Branch D for the voluntary auction on December 28, 2012. On December 31, 2012, the decision to commence voluntary auction was issued, and the entry of the decision to commence voluntary auction was registered on December 31, 2012.
C. Around December 2013, the Plaintiff purchased a claim for a right to collateral security loan against C from the bank of Nonparty, and submitted an application for the change of creditor to this court on January 17, 2014.
Defendant A filed a lien report with this court on November 27, 201, asserting that the instant real estate had a claim for construction cost of KRW 400 million under the construction contract concluded with C on October 10, 201, and Defendant B had a claim for construction cost of KRW 590 million under the construction contract concluded with C on October 12, 2006 between the instant real estate and C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6 (including each number if there is no special indication) and Eul evidence Nos. 1-5 through 15, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. It is doubtful whether the Plaintiff Defendants did not meet the requirements for possession necessary for the establishment of a lien prior to the registration of the decision on commencement of voluntary auction on the instant real estate, and whether each claim for construction price claimed as a preserved bond exists in light of the content of each construction contract.
Therefore, I want to confirm that there is no lien of the Defendants.
B. The defendants A, the defendants, E.