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1. A claim for the construction cost and material cost of KRW 380,000,000 for each real property listed in the separate sheet.
Reasons
1. Basic facts
A. On October 28, 2011, the Plaintiff entered into a mortgage contract with A to set a maximum amount of KRW 1,235,00,000 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by it as KRW 1,235,00,00, and completed the registration of the establishment of a mortgage.
B. On November 10, 201, the Plaintiff concluded a mortgage-based contract with A, setting forth the maximum amount of the debtor’s claims as KRW 585,00,00 with respect to each of the instant real estate as KRW 585,00 with A, and completed the registration of establishment of a neighboring mortgage
C. As the Plaintiff did not repay the aforementioned collateral obligation, the Plaintiff applied for the commencement of voluntary auction of each of the instant real estate to the Changwon District Court Jinwon Branch B with regard to each of the instant real estate, and completed the registration on November 29, 2012 upon receipt of the voluntary decision to commence auction on the same day.
(hereinafter referred to as “voluntary auction”) D.
On July 23, 2014, the Defendant reported the lien to the court of voluntary auction in the instant case that it has a total of KRW 380,000,000 construction work and a claim for material cost regarding each of the instant real estate.
[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 3 (including each number), and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the defendant did not have the right of retention on each of the real estate of this case, but reported that the court of voluntary auction of this case held the right of retention on the claim for the construction cost of KRW 380,000,000 and the material cost as the secured claim. Thus, the plaintiff who applied for the voluntary auction of this case as the right of retention on each of the real estate of this case seeks confirmation that there is no right of retention on each of the
B. The right of retention refers to the right to possess another person’s goods until a claim arising with respect to another person’s goods is repaid, and in a passive confirmation lawsuit such as this case, the Plaintiff first specified the claim.