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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall attached to the defendant (Counterclaim plaintiff).
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) has completed the registration of ownership transfer for each of the instant real estate from the Gyeongnam Industry due to purchase and sale on September 6, 201.
On September 6, 201, the Nong Bank Co., Ltd., a creditor National Agricultural Cooperative Federation, the debtor C, respectively, set the maximum debt amount of KRW 2.52 billion, and on October 26, 201 of the same year, the Nong Bank Co., Ltd. received the transfer of each of the above collateral security rights. On March 14, 2013, it filed an application for voluntary auction of each of the above real estate, and completed the decision to commence auction on the same day after having received a decision to commence auction with the Changwon District Court Jinwon District Court Jinwon Branch Branch D, and on June 10, 2013, the E Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd”) on June 10, 2013, in which the auction procedure had been in progress, newly constructed each of the factories listed in the separate list 1, 2, and 3 of each real estate and did not receive approximately 43,636,464 won.
B. The Nonghyup Bank filed a lawsuit against the non-party company to confirm the existence of a lien that no lien exists with respect to each of the instant real estate as the secured claim by the Changwon District Court Decision 2013Na4336, which decided that the non-party company had occupied each of the instant real estate as the lien holder before March 14, 2013, on which the registration of the commencement of auction was completed on March 26, 2014, and the fact that the non-party company occupied each of the instant real estate as the lien holder was difficult, the said judgment became final and conclusive through the appellate court [the Busan High Court (original Court) Decision 2014Na20731 Decided April 30, 2015].
C. Meanwhile, each of the instant real estates.