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1. The Defendant, with respect to the area of 4,558 square meters prior to Kim Jong-si, collects three containers on the ground and collects the above land from the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2013, the Defendant was awarded a contract for the civil engineering works (hereinafter “instant construction works”) among the new construction works in C on the ground of the 4,558 square meters (hereinafter “instant land”) prior to Kim Jong-si, Kim Jong-si, for KRW 249,70,000,000.
B. The Geumma Credit Union completed the registration of the establishment of a neighboring mortgage with respect to the instant land as the Jeonju District Court, Kim Jong-gun, the 12628, May 30, 2012, the Jeonju District Court, the 104,000,000 won with respect to the maximum debt amount, and with respect to the debtor's sex farming and fishing, the right to collateral security, as the
C. Around 2012, the Defendant prepared and delivered to the Gold Credit Union the following note of waiver of the right of retention (No. 3, hereinafter “instant letter of waiver of the right of retention”).
1. Name of the construction: Construction of a new processing factory for the Gemulsc and farming fisheries; and
2. Location of construction: The land in this case;
3. Construction amount: 2,400,000 won; and
4. Type of construction work: Construction work type.
5. The lien holder: The lien holder, as described above by the Defendant, has set up a collateral security of KRW 104,00,000 on the said construction site as the maximum debt amount of the Geumcheon Credit Cooperatives (No. 12628, May 30, 2012, the District Court, Kim Jong-tae, which received on the receipt of May 30, 2012), and would not raise any civil or criminal objection and civil petition related to the lien even if he/she arbitrarily disposes of from the Geum-Ma Credit Cooperatives due to the default of obligation, and would not exercise all rights in relation thereto. D.
The Geumma Credit Union applied for voluntary auction of the instant real estate to the Jeonju District Court D on the basis of the foregoing right to collateral security, and on March 5, 2014, the said court obtained a decision to commence the auction of real estate (hereinafter “instant auction procedure”) and completed the registration of the entry of the decision to commence the auction of the instant land on the same day.
E. The Defendant’s instant case on May 15, 2014