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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. On May 30, 2006, the non-party Han Bank Co., Ltd. (hereinafter referred to as the "B") completed the registration of creation of a collateral for the real estate listed in the separate sheet No. 1 (hereinafter referred to as the "real estate No. 1") owned by C on May 30, 2006, with respect to the real estate No. 754,00,000 won, the debtor D (the subsequent change to B), and the debtor D (the subsequent change to B), and on April 24, 2007, the real estate No. 2 listed in the separate sheet No. 2 (hereinafter referred to as the "real estate No. 2", which is owned by D (hereinafter referred to as the "real estate No. 1") was added as joint collateral.
B. Thereafter, on April 24, 2007, in order to secure the above claim against B, the Han Bank completed the registration of creation of a collateral for each of the instant real estate owned by C and D, the maximum debt amount of which is KRW 611,00,000,000, the debtor D (a subsequent change to B), the debtor D (a subsequent change to B), and the establishment of a collateral for one of the collateral security holders banks (hereinafter referred to as the “each of the instant collateral security interests”).
C. On September 27, 201, E filed an application for voluntary auction on the instant real estate with the Cheongju District Court F, and the record of the decision on commencement of auction was completed on the same day, and one bank filed an application for voluntary auction based on each of the above collateral mortgages with the Cheongju District Court G, and received a voluntary decision on commencement of auction from the above court on February 1, 2012, and the record of the decision on commencement of auction was completed on the same day.
The claims for loans against Han Bank, all the security rights, including each of the instant collateral security rights, and all the accompanying rights were transferred to the Plaintiff through the Joint Asset Management Corporation.
E. On July 6, 2012, the Defendant reported the right of retention by asserting that there was a claim for construction cost of KRW 250 million against C in the above auction procedure.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 through 7 shall include satisfy.