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1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
Reasons
1. Basic facts
A. The circumstances leading up to the instant auction procedure and the Plaintiff’s status 1) Industrial Bank of Korea (hereinafter “Corporate Bank”).
(1) On April 11, 2017, when lending money to C with respect to the real estate listed in the list 2 of the attached real estate as collateral, the Plaintiff completed the registration of the establishment of the establishment of the creation of the mortgage in the second priority of the maximum debt amount of KRW 1,380,000 on April 11, 2017, and completed the registration of the establishment of the mortgage in the second priority of KRW 1,380,000 on the same day. On May 16, 2017, the Industrial Bank added the real estate listed in the attached list 1 on October 13, 2017 to the object of each collective security right (hereinafter referred to as “instant 0 real estate”) (hereinafter referred to as “each of the real estate listed in the attached list”), and “each of the instant real estate” as “each of the instant real estate”).
(2) On January 29, 2018, a corporate bank filed an application for voluntary auction on each of the instant real estate with the Daegu District Court. On January 30, 2018, the Daegu District Court rendered a decision to commence the auction procedure D on January 30, 2018, and on the same day, the registration of the decision to commence the auction was completed on each of the instant real estate.
(3) A corporate bank is an E Co., Ltd. (hereinafter “E”) on June 1, 2018 (hereinafter referred to as “E”) with respect to the auction procedure (hereinafter referred to as “instant auction procedure”).
(4) On July 13, 2018, the Plaintiff filed an application for the change of creditor from a bank to the Plaintiff at the auction procedure in this case, on July 13, 2018, for the change of creditor from a bank to a creditor, and became a successor of a bank. The Plaintiff became a successor of a company bank, upon which the Plaintiff filed an application for change of creditor from a bank to the Plaintiff at the auction procedure in this case for change of creditor from a bank to the Plaintiff.
B. On July 29, 2016, the Defendant reported the Defendant’s right of retention, and the contract for construction works with C (hereinafter “instant contract”).