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1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
Reasons
Basic Facts
The Plaintiff filed an application for voluntary auction of each of the instant real estate (hereinafter “instant auction”) as a mortgagee of each of the instant real estate listed on the separate sheet (hereinafter “each of the instant real estate”) owned by the Party (hereinafter “Court”) on the attached list, and the court rendered the instant decision to commence the auction on November 15, 2013, and on the same day, the registration of the entry of the instant decision to commence the auction was completed regarding each of the instant real estate.
Defendant A (hereinafter referred to as “Defendant A”) supplied a solar power cell board to the Future Energy Technology Co., Ltd. (hereinafter referred to as “Smi Energy Technology”) that was awarded a contract for the construction of solar power generation facilities (hereinafter referred to as “instant construction works”), but filed a lien report with this court on June 25, 2014, asserting that the contractor was entitled to a direct claim for payment of KRW 1,319,901,00 for the goods on the ground that he did not receive the payment of KRW 1,319,900 for the goods.
Defendant B Co., Ltd. (hereinafter “Defendant B”) awarded a subcontract for solar site suspension work during the instant construction work from the future energy technology, but filed a lien report with this court on June 25, 2014, by asserting that Defendant B (hereinafter “Defendant B”) was entitled to a direct payment claim against the subcontractor on the ground that it did not receive KRW 254 million out of the subcontract price of KRW 814 million from the future energy technology.
[Ground of appeal] In light of the facts without dispute, Gap evidence 1-2, Eul evidence 1-5-1, 2, Eul evidence 5-1, 5-2, Eul evidence 1-2, Eul evidence 2, Eul evidence 3, Eul evidence 1-2, Eul evidence 1-5, and the plaintiff's assertion of the purport of the whole pleadings as to each of the real estate of this case, there is no right of retention of the defendants as to each of the real estate of this case.
After the instant decision to commence the auction, the current status of each of the instant real estate was formulated from November 18, 2013 to December 8, 2013.