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1. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed respectively.
2. With respect to real estate listed in the annex list:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 27, 2012, the Industrial Bank of Korea established a joint collateral (hereinafter “instant collateral security”) consisting of 2.5 billion won with respect to the real estate stated in the attached list Nos. 1 and (3) of C owned by C to secure a claim against C, but additionally added the real estate stated in the attached list No. 2 as a collateral for the said collateral security on September 24, 2013.
(hereinafter referred to as “instant real estate” in the attached list). (b)
The Industrial Bank of Korea filed an application for the auction of the instant real estate with Suwon District Court D with respect to the instant real estate based on the instant collateral security, and the said court rendered a decision to commence auction on December 31, 2013, and the record was completed on the same day.
(hereinafter “instant auction procedure”). C.
In the auction procedure of this case, the Defendants filed a lien by asserting that they possess the instant real estate based on the following secured claims.
1) Defendant Construction Steel Co., Ltd. (hereinafter “Defendant Construction Steel”)
C) A factory listed in Schedule 2 (hereinafter referred to as “instant factory”) from C
(ii) In the new construction of the building, the owner of the building was awarded a contract and filed a lien on March 12, 2014, alleging that he/she had a claim for construction cost of KRW 241,00,000,000, and that he/she had a claim for the construction cost of KRW 241,000. (ii) Defendant Dowon police officer (hereinafter referred to as “Defendant Do senior police officer”) was awarded a contract by C for landscaping construction, such as piling up stone for the plant of this case, and paid KRW 50,00,000 for the construction cost of this case that was not paid by C as the secured claim, and reported a lien on March 12, 2014.
3) Defendant A filed a lien report on March 12, 2014, asserting that C had not received KRW 63,90,000, while performing the manufacture and construction of the instant plant by being awarded a contract with C for the manufacture and construction of the instant plant. Defendant A filed a lien report. 4)