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1. It is confirmed that the defendants' lien does not exist with respect to real estate stated in the attached list.
2...
Reasons
1. Basic facts
A. 1 New Construction, etc. of Building D Co., Ltd. (hereinafter “D”).
(A) On July 30, 2014, the Plaintiff: (a) 771 square meters, F prior to 391 square meters; and (b) 574 square meters prior to G (hereinafter “each of the instant lands”); and (c) 374 square meters, prior to G.
(2) D) purchased the instant building and completed the registration of ownership transfer on August 7, 2014, and completed the registration of ownership transfer on each of the instant land by constructing new real estate listed in the separate sheet (hereinafter “instant building”) on each of the instant land, obtaining approval for use on May 13, 2015, and completing the registration of ownership preservation on July 2, 2015.
3) On September 18, 2015, the registration of change of indication was completed on the ground that the trade name of D was changed to H on September 18, 2015 with respect to each of the instant land and buildings, and the registration of change of ownership was completed under the name of D on the same day. (iv) The representative director of D is J, and I is his/her female student.
B. (1) On September 18, 2015, the Plaintiff lent KRW 750,00,000 to I, and completed the registration of creation of a mortgage over each of the instant land and buildings as collateral for the loan claim amounting to KRW 900,000 with respect to each of the instant land and buildings. (2) If I did not pay interest on the loan debt, the Plaintiff filed an application for voluntary auction on April 7, 2017 for each of the instant land and buildings (Seoul District Court Masan Branch K), and received a decision of voluntary auction on April 10, 2017.
(hereinafter the above auction procedure is referred to as “instant auction procedure”).
(1) In the instant auction procedure on June 22, 2017, Defendant A reported the Defendants’ lien (hereinafter “Defendant A”) and Defendant A entered into a contract with the owner of the building of this case on May 24, 2013 (hereinafter “Seoul Construction Co., Ltd.”).
As of September 30, 2013, the construction cost of KRW 170,00,00 and the construction period of KRW 170,000 were determined and delivered to the owner after the completion of the construction work, which was paid directly by the owner and the D representative director, who is the owner of the construction.
“The construction cost of KRW 170,000,000 shall be paid for reasons.