1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. The Industrial Bank of Korea completed the registration of creation of a mortgage on April 8, 2008 with the maximum debt amount of Japanese currency 214,000,000,000, regarding each real estate listed in the separate sheet owned by C (B before modification: D) and the establishment of a mortgage on the same day with the maximum debt amount of KRW 2,40,000,000, respectively.

B. The creditor E of the Co., Ltd. filed an application for a compulsory auction with F of this Court regarding each of the real estate listed in the separate sheet, and the above court rendered a decision to commence the auction (hereinafter “instant decision to commence the auction”) on February 23, 2017, and the record was completed on the same day.

C. The Industrial Bank of Korea filed an application for voluntary auction to this court G on each real estate listed in the separate sheet, as C did not pay the principal and interest of loan, and the above court rendered double decision to commence auction on August 10, 2017, and the record was registered on the same day.

[The auction case of the above real estate was conducted first in accordance with the execution procedure of the case mentioned in Paragraph (1) of Article 87 of the Civil Execution Act. The auction procedure of this court F or G (Dual) case was conducted in accordance with the execution procedure of the case mentioned in Paragraph (1) of the same Article.

On March 29, 2017, the Defendant submitted a lien report on each real estate listed in the separate sheet to the effect that the amount of credit is 849,00,000 won for each real estate listed in the separate sheet.

E. Meanwhile, in accordance with the Asset-Backed Securitization Act, the Plaintiff acquired the instant right to collateral security from H Co., Ltd. and the Industrial Bank of Korea prior to the transfer.

[Reasons for Recognition] Facts without dispute, entry of Gap's 1 to 3, 5 through 7 (including each number, hereinafter the same shall apply)

2. Summary of the parties' arguments

A. The Plaintiff’s assertion did not have the secured debt of the lien, and did not possess each real estate listed in the separate sheet prior to the registration of the decision on commencing auction.