beta
Text
1. The defendant who takes 970,000,000 won as secured claim for each real estate listed in the separate sheet 1 and 2.
Reasons
1. Basic facts
A. 1) On February 27, 2017, the Plaintiff: C Co., Ltd. (hereinafter “C”) on February 27, 2017
(1) Each real estate listed in the separate sheet No. 1 (hereinafter referred to as “real estate No. 1”).
(2) On February 27, 2017, the Plaintiff completed the registration of creation of a mortgage, which is the maximum debt amount of KRW 910,000,00,000, and the debtor C and the Plaintiff as the mortgagee, as the Plaintiff. (2) On February 27, 2017, the Plaintiff completed the registration of establishment of a mortgage, which is the Plaintiff, as the maximum debt amount of KRW 975,00,000,000, and the debtor E and the mortgagee, as the Plaintiff.
Afterwards, when the establishment registration of the foregoing mortgage on the real estate stated in attached Table 2 List 1 was cancelled, the Plaintiff again completed the establishment registration of the mortgage on the said real estate, which is the maximum debt amount of 975,00,000,000 won, the debtor C and the plaintiff of the right to collateral security, on August 16, 2017. On the same day, the debtor of the right to collateral security on the real estate listed in attached Table 2 List 2 List 2 (hereinafter “second building”).
B. 1) The Plaintiff filed an application for an auction to exercise the security right to the Daegu District Court F with respect to the real estate No. 1. On October 20, 2017, the execution court rendered a decision to commence auction on October 20, 2017, and the registration of a decision to commence voluntary auction was completed with respect to the real estate No. 1 on October 23, 2017. 2) The Plaintiff filed an application for an auction to exercise the security right to the Daegu District Court G with respect to the real estate No. 2, and on November 2, 2017, the execution court filed a
C. On June 19, 2018 in each of the above real estate auction cases, the Defendant asserted that “the Defendant received KRW 970,000,000 from H Co., Ltd. (hereinafter “H”) the real estate as indicated in attached Table 1 List 2 (hereinafter “first building”) and the claim for construction price as to the second building,” and submitted each right of retention as the claim for construction price of KRW 970,000,000 as the secured claim.
[Reasons for Recognition] There is no dispute;