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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasons for this court's explanation are as stated in the reasoning of the judgment of the court of first instance except for the dismissal of the "3. Judgment" part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of
2. Parts in height:
A. In light of the health unit, the evidence No. 3-1 and No. 2, and the video images, as to the claim for the construction of Defendant Taehun Construction, in light of the following: (a) as to whether Defendant Taehun Construction occupied the instant real estate prior to the completion of the registration of a voluntary decision on commencement of auction on October 15, 2012; (b) in light of the health unit, the evidence No. 3-1 and No. 2, it is difficult to believe that part of the result of the Defendant A’s newspaper that seems consistent with this, and there is insufficient evidence to acknowledge it solely on the video products No. 1 and No. 2
Therefore, there is no lien for Defendant Taechi Construction on the instant real estate.
B. As to the claim against Defendant A, the claim for the proceeds from the sale of machinery against Defendant A’s claim for the existence of civil lien does not mean that the claim for the proceeds from the sale of the real estate in this case is not attributable to the “real estate,” and there is no civil lien against Defendant A with respect to the real estate in this case. 2) In a case where the creditor’s commercial lien has already been established under the status where prior mortgage was already established with respect to the real estate owned by the debtor, the commercial lien holder may oppose against the debtor and the debtor, or against the person who has acquired the real estate from the debtor or has established the limited real right. However, in relation to the buyer who acquired the real estate in the voluntary auction procedure based on prior mortgage, the commercial lien cannot be set up (see, e.g., Supreme Court Decision 2010Da57350, Feb. 28, 2013). Meanwhile, it refers to the objective relationship between the requirements for the establishment of the lien and the possession of the goods that are the requirements