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1. Revocation of a judgment of the first instance;
Attached Form
As to the real estate recorded in the list, the defendant's claim for construction cost against E.
Reasons
1. Basic facts
A. E’s acquisition of the instant real estate and creation of a collateral security right on October 1, 2009, acquired the ownership of each of the buildings listed in [Attachment List Nos. 2, 3, and 4 (hereinafter “instant land and buildings”) indicated in [Attachment List Nos. 1] and its ground buildings (hereinafter “instant land and buildings”), and created a collateral security right with respect to the instant real estate in F Co., Ltd. on the same day.
B. As to the instant real estate (1), as to the commencement of the instant auction procedure, and the Defendant’s report of the Defendant’s right of retention, G, a mortgagee, filed an application for voluntary auction to Suwon District Court C, and the registration of the entry was completed on May 14, 2012. The F also filed an application for voluntary auction with Suwon District Court D on June 26, 2012, and the registration of the entry was completed on the same day (hereinafter “instant auction procedure”).
(2) Since then, the Plaintiff was transferred the claim and collateral security from F Co., Ltd. to E and reported the above fact to the auction court of this case.
3) On January 3, 2013, the Defendant reported a lien on the instant real estate by designating the claim for construction cost of KRW 488,30,000,00 for the instant building as the secured claim at the auction court of the instant auction as the claim for construction cost of KRW 483,00,00 for the instant building. [Grounds for recognition] There is no dispute, Gap 1 through 3, 7, and 8 (each of the items with a number of numbers
2. The parties' assertion
A. The plaintiff's assertion 1) The defendant does not have a claim for the construction cost of the real estate of this case, and the defendant cannot possess the real estate of this case, so there is no right of retention of the defendant as to the real estate of this case. 2) Even if the defendant's claim for the construction cost of this case exists, the decision of commencement of auction of this case