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1. Of the instant lawsuit, the Defendants’ lien on the real estate stated in the separate sheet paragraphs 1 to 3 is applicable.
Reasons
1. Basic facts
A. The Plaintiff filed an application for voluntary auction on January 20, 2014 as a mortgagee with regard to each real estate listed in the separate sheet as to each real estate on January 20, 2014. Accordingly, on January 21, 201, the Jung-gu District Court rendered a voluntary decision to commence the auction on each of the above real estate, and the entry in the decision to commence voluntary auction
B. Accordingly, the voluntary auction procedure for each real estate listed in the separate sheet was carried out. On July 14, 2014, Defendant A submitted to the auction court each lien report stating that he/she has a lien based on the claim for construction price of KRW 1,019,50,000 based on the extended construction work for the real estate listed in paragraph (4) of the separate sheet (hereinafter “instant building”). Defendant B had a right of retention based on the claim for construction price of KRW 1,019,50,000 based on the due date. Defendant B submitted each lien report to the auction court on October 14, 2014, on which he/she had a right of retention based on the claim for construction price of KRW 660,00,000 for the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As acknowledged in light of the determination as to the legitimacy of a lawsuit regarding each real estate listed in the separate list Nos. 1 through 3, the instant building is included in the contents of the lien report submitted by the Defendants, and the instant lawsuit is also asserted that the Defendants have a lien on the land other than the instant building, and the secured claim on the lien is also asserted only the construction cost claim on the building, and its possession relation is also limited to the building.
In light of these circumstances, the Defendants did not have asserted at all regarding the existence of the lien or the legal relationship causing the lien with respect to the land which is each real estate listed in the separate sheet Nos. 1 through 3 until the date of closing of argument in the instant case. Therefore, regarding the legal relationship that is the subject of the lien.