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1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2. This.
Reasons
1. Basic facts
A. C purchased from D on November 13, 2008 a share of 6431 square meters in Pyeongtaek-si E forest and 6431 square meters, and completed the registration of ownership transfer on December 10, 2008. On the same day, C created a right to collateral security with a maximum debt amount of 756 million won to the Industrial Bank of Korea.
B.F purchased shares 266/6571 of the forest land as above from D and completed the registration of ownership transfer on December 31, 2008, and C created a right to collateral security with a maximum debt amount of KRW 1 billion on January 16, 2009 with respect to shares in the forest land as above 6305/6571.
C. On March 27, 2009, C and F divided the said forest into 6171 square meters in Pyeongtaek-si E-si and 6171 square meters in forest land (hereinafter “instant one real estate”) and H 260 square meters in forest land. The F transferred the entire share of the instant one real estate to C on March 31, 2009.
The Industrial Bank of Korea filed an application for voluntary auction of 6305/6571 (hereinafter “the first auction of this case”) with Suwon District Court I for the instant real estate and the shares in Pyeongtaek-si H forests and fields. On January 20, 2011, the Plaintiff purchased 6305/6571 shares of each of the said real estate at the said voluntary auction.
E. In accordance with the construction contract with C, the Defendant asserted that there was a lien of KRW 586 million, which was incurred by the construction work of the instant real estate in accordance with the construction contract with C, as the secured claim, the claim for the construction cost of KRW 586 million, and applied for a formal auction under the lien (hereinafter “instant secondary auction”) against C’s equity interest on the instant real estate as the secured claim to the Suwon District Court Pyeongtaek-gu Housing Site Board. On April 13, 2012, the Plaintiff purchased the said share at the above auction procedure and became the sole owner of the instant real estate.
F. Meanwhile, C purchased from F 262 square meters prior to Pyeongtaek-si (hereinafter “instant 2 real estate”) and completed the registration of ownership transfer on March 31, 2009, after purchasing from F the instant 1 real estate. Lawon District Court.