1. With respect to the auction case of Suwon District Court B real estate in Suwon District Court, the real estate stated in the annexed list is concerned; and

Basic Facts

On November 30, 2015, C, including the commencement of voluntary auction with respect to the instant real estate, completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) with a maximum debt amount of KRW 3.777 billion in the Suhyup Union with respect to the real estate as indicated in the separate sheet (hereinafter “instant real estate”).

The Suhyup Bank received a voluntary decision on the commencement of auction on the instant real estate from the court on July 15, 2016.

(2) On August 26, 2016, the Plaintiff acquired the instant right to collateral security from the Suhyup Bank and completed the supplementary registration of the transfer of the instant right to collateral security on the same day.

On August 31, 2016, Defendant A reported the Defendants’ lien on the instant auction procedure with “27,745,980 won based on the final and conclusive judgment against E” as the secured claim.

On November 18, 2016, Defendant Tae Young-gu Co., Ltd. (hereinafter “Defendant Co., Ltd”) reported the right of retention with the “1.15 billion won for the supply of a letter to E or facility construction work” as the secured claim at the instant auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including the number of each branch number), the overall purport of the pleading, and the purport of the argument by the plaintiff, the defendants do not possess the real estate of this case, and there is no proof as to the existence of the secured claim or the relation between the real estate of this case as claimed by the defendants.

Therefore, there is no lien on the instant real estate claimed by the Defendants, and the Plaintiff, the mortgagee of the right to collateral security, has a benefit to seek confirmation of the non-existence of a lien on the ground that the amount of dividend to be distributed during the instant auction procedure has decreased.

Judgment on the claim against the defendant A.