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1. Claim for construction cost of KRW 200,000,000 for each real property listed in the separate sheet shall be a secured claim.
Reasons
1. Facts of recognition;
A. In order to secure loan claims of KRW 990,00,000 of the principal amount to B, the Plaintiff concluded a joint collateral creation contract with C as to each of the instant real estate between the owner of each of the instant real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) on March 21, 2014, with the Plaintiff, the debtor, the debtor, and the maximum debt amount of KRW 1,287,00,000, and completed the joint collateral creation contract with the Plaintiff as of March 21, 2014, as of March 21, 2014.
B. The Plaintiff filed an application for voluntary auction of each of the instant real estate as the Plaintiff did not fully repay the above loan debt, and accordingly, the procedure of voluntary auction (hereinafter “instant voluntary auction”) was initiated with the Busan District Court Branch D branch D branch of the Incheon District Court, and the registration of the decision on voluntary auction was completed as of September 3, 2014 by the 72281, which was accepted on September 3, 2014.
C. On November 10, 2014, when the voluntary auction of this case was in progress, the Defendant reported the right to retain a lien of KRW 200,000,000 for each of the instant real estate as the secured claim.
[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 3, purport of whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that there is no secured claim of the defendant's right of retention as to each of the instant real estate, and that the defendant did not effectively occupy each of the instant real estate prior to the effect of seizure following the registration of the decision to commence the voluntary auction of this case, and thus, it cannot be asserted against the plaintiff as the above secured right.
B. On January 20, 2014, the Defendant: (a) contracted to perform civil engineering works on each of the instant real estate at KRW 200,000,000 for the price by the C, etc., the owner of the instant real estate; (b) however, the Defendant did so.