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1. As to each building listed in the separate sheet, Defendant B, Co., Ltd., and Gyeonggi Integrated Construction Co., Ltd.
Reasons
1. Basic facts
A. On January 10, 2008, the Industrial Bank of Korea created a joint collateral security (hereinafter “instant collateral security”) consisting of 1.8 billion won with respect to each building listed in the separate sheet (hereinafter “instant building”) in order to secure the claim against the Sungsung C&C Co., Ltd. (hereinafter “BC”).
B. On March 6, 2012, the secured claim of the instant right to collateral security was transferred in order from the Industrial Bank of Korea to Korea, to Korea, and on March 28, 2012, Korea EF&A transferred from Korea to the Plaintiff.
On March 29, 2012, the Industrial Bank of Korea notified the fact of the assignment of claims as above, and the Plaintiff registered the fact of the transfer of the above secured claims with the Financial Supervisory Service around April 10, 2012.
C. The Plaintiff filed an application for the auction of real estate rent to Suwon District Court C with respect to the instant building based on the instant right to collateral security, and the said court rendered a decision to commence the auction on April 4, 2013 and completed the registration of the entry on April 8, 2013.
(hereinafter “instant auction procedure”). D.
In the auction procedure of this case, the Defendants asserted that they occupy the building of this case on the basis of the secured claim as follows and reported the lien.
1) Defendant A (hereinafter “Defendant A”)
(2) From September 10, 2013, Defendant B reported the right of retention on September 11, 2013, on the following grounds: (a) Defendant B reported the right of retention: (b) performed the 1st floor structural construction and the 2nd floor expansion construction on the left-hand side of the building of this case; and (c) filed a claim for construction payment of KRW 30,00,000 on the 2nd floor of the factory building of this case; and (b) filed a report on the right of retention on the 30,000,000 on the 2nd floor of the building of this case.
3) Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”)
In September 24, 2013, the third floor of the left-hand side of the instant building was to be built, but the construction cost of KRW 83,262,416 is to be paid from the Gsung.