beta
Text
1. As to each real estate listed in the separate sheet, it is confirmed that the Defendants’ lien does not exist.
2...
Reasons
1. Basic facts
A. The Plaintiff is a company managing A assets, and the Plaintiff acquired the right to collateral security against G from G (hereinafter “G”) with respect to H (hereinafter “H”), and the Defendants are those who reported the right to collateral in a voluntary auction procedure based on the aforementioned right to collateral security.
B. On September 5, 2016, G, including a loan contract between G and H, lent KRW 1,200,000,000 to H, concluded a mortgage and superficies contract with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and completed the registration of joint collateral security and superficies creation with respect to each of the instant real estate listed in the separate sheet on September 9, 2016. On March 14, 2018, G completed joint collateral security (hereinafter “each of the instant real estate”).
C. As G’s application for voluntary auction and Defendants’ lien reporting 1 H were in arrears with interest on the above loan, G filed an application for voluntary auction on May 3, 2018 with Daegu District Court I on each of the instant real estate, and 201
8. On May 4, 200, the auction procedure commenced according to the voluntary decision on commencement of auction (hereinafter referred to as the "voluntary auction procedure of this case") and the registration of the decision on commencement of auction (hereinafter referred to as the "registration of the decision on commencement of auction of this case") was completed on the same day.
2 In the instant voluntary auction procedure, Defendant E submitted a lien report on the amount of KRW 40,00,000 on July 16, 2018; KRW 240,000,00 on July 18, 2018; KRW 30,000 on July 18, 2018; KRW 10,000 on July 18, 2018; KRW 64,00,000 on July 18, 2018; KRW 37,90,000 on August 1, 2018; and KRW 37,90,000 on each of H as a secured claim.
G’s transfer of claims to the Plaintiff on September 28, 2018 entered into a contract to transfer each of the instant claims to the Plaintiff, and on November 2018.