beta
Text
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
Reasons
1. Basic facts
A. On February 23, 2010, the fathersung Co., Ltd. (hereinafter “Appendsung”) changed the trade name from the Defendant Co., Ltd. (D Co., Ltd. to A Co., Ltd. on June 3, 2011; hereinafter “Defendant A”) to each land listed in Articles 1 through 14 of the attached Table (hereinafter “instant land”) to construct each building listed in Articles 15 through 17 of the attached Table (hereinafter “instant building”) (hereinafter “instant building”) on the ground of the land listed in Articles 15 through 14 of the attached Table (hereinafter “instant land”) (hereinafter “instant construction”) set the construction cost of KRW 2.75 billion (excluding value-added tax) and the construction period of KRW 2.5 billion (excluding value-added tax) and from February 25, 2010 to June 25, 2010.
B. As to the instant land, the registration of ownership transfer was completed in the name of father on April 27, 2010. On October 21, 2010 upon the application of Tae Young General Construction Co., Ltd., the creditor, the compulsory auction procedure (hereinafter “instant auction procedure”) commenced on October 21, 2010, and the registration of the entry of the decision to commence compulsory auction was completed on the same day. The registration of the decision to commence voluntary auction was completed on November 22, 2010 upon the application of the Plaintiff, who is a mortgagee, in duplicate of the voluntary auction procedure on November 22, 2010.
In addition, on June 27, 2011 upon the Plaintiff’s application, the compulsory auction procedure for the building of this case was commenced at F of this Court, and it was combined with the instant auction procedure. On June 29, 2011, the registration of the decision to commence compulsory auction was completed.
C. In the instant auction procedure, Defendant C filed a lien by asserting that some of the instant construction works was subcontracted by Defendant A on January 4, 2011, with the claim for construction cost of KRW 1,05,00,000 as the secured claim. Defendant A reported a lien on January 19, 201 with the claim for construction cost of KRW 3,277,083,00 regarding the instant building as the secured claim, but corrected the above claim for construction cost of KRW 1,608,171,114 on January 15, 201, and Defendant B corrected the claim for construction cost of KRW 60,000,000 from Defendant A on August 17, 2011.