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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. The Plaintiff, as a mortgagee of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), filed an application for voluntary auction on April 18, 2017 for each of the instant real estate, and received a voluntary decision on commencement of auction on April 18, 2017 (the Changwon District Court A). The Defendant Kui Co., Ltd, along with the lease of each of the instant real estate, has KRW 70,700,00,000, and held the right to possess each of the instant real estate as the lien holder. The Plaintiff asserted that the Plaintiff had the right to possess each of the instant real estate as the lien holder, since he/she also owned KRW 71,093,963, as the Defendant General Construction Co., Ltd., Ltd., as the lien and the right to lease claimed by the Defendants, and thus, the Plaintiff, as a mortgagee of each of the instant real estate, needs to verify the absence of such lien
2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.