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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. Establishment of the right to collateral security and the progress of the auction procedure
(B) In order to preserve the claim against Nonparty B, the head of the Dongyangyang-gun C, which is owned by Nonparty B, and the head of the Si/Gun/Gu (hereinafter “instant land”).
(E) The 51m square meters per E (hereinafter “E land”)
(2) After November 28, 2002, the owner of the land of this case changed the registration of creation of a mortgage of 195,000,000 won with the maximum debt amount, 130,000,000 won with the maximum debt amount on April 15, 2003, and 100,000,000 won with the maximum debt amount on June 14, 2006. 2) On September 8, 2009, the F completed the registration of creation of a mortgage over the land of this case with the maximum debt amount of 230,00,000 won on the land of this case in the non-party G, and the F completed the registration of preservation of each real estate listed in the separate list (hereinafter “the building of this case”) newly constructed on the land of this case with the maximum debt amount of 230,000,0000 won on the same day, the registration of creation of a mortgage of this case was completed on October 19, 20009.
3) Meanwhile, on December 9, 2010, the non-party bank filed an application for voluntary auction of the instant land and E with the instant court for the exercise of security right, and filed a registration of the decision to commence the auction of real estate rent (this court H). After which G filed an application for voluntary auction of the instant land and the instant building with the instant court, on December 22, 2010, the decision to commence the auction of real estate rent was registered (this court I) and the auction court proceeds in the auction method by combining the said two auction cases (hereinafter “instant auction procedure”).
B. On July 25, 201, when the auction procedure of this case was in progress, the Defendant alleged that there was a lien on the building of this case and held an auction court.