1. Of the instant lawsuit, there is no lien on each real estate listed in the separate sheet Nos. 1 and the separate sheet No. 2 No. 1.

1. Determination ex officio as to the legitimacy of the instant lawsuit

(a) The lien holder cannot request the successful bidder to reimburse the secured claim;

However, since the lien holder can still refuse to deliver the real estate which is the object of the custody until his/her secured claim is repaid, the bidders of the real estate auction procedure will make the auction by taking into account the fact that the objects of the auction can not be easily delivered from the lien holder after the sale, and accordingly, the real estate for the purpose of auction may be awarded at a lower price. Accordingly, the risk that the amount of dividends of the mortgagee or the owner of the right to collateral security has decreased due to the successful bid is unstable in the legal status of the mortgagee or the owner of the right to collateral security at the auction procedure, and the risk that the amount of dividends of the mortgagee or the owner of the right to collateral security has decreased cannot be considered as a mere de facto and economic interest to remove the risk above. Thus, there

(2) In light of the above legal principles, the existence of a lien shall be determined regardless of the amount of dividends of the mortgagee or owner of the right to collateral security (see, e.g., Supreme Court Decision 2004Da32848, Sept. 23, 2004).

B. Even if the Plaintiff did not complete the registration of creation of a neighboring mortgage on each real estate listed in the separate sheet No. 1 with respect to each real estate listed in the separate sheet No. 1, or even if the Plaintiff’s right to collateral was established, the fact that the sale price was paid in full and completed the distribution procedure is not a dispute between the parties. Thus, whether there exists a defendant’s right