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1. Each real estate, machinery, and apparatus listed in the separate sheet in the Ulsan District Court B, C (Consolidated) auction of real estate.
Reasons
1. Basic facts
A. D filed an application for voluntary auction with respect to each of the real estate, machinery, and equipment (hereinafter “each of the instant real estate, etc.”) listed in the separate sheet owned by Yangsan Food Co., Ltd. as well as creditors and collateral security holders with respect to Yangsan Food Co., Ltd. (hereinafter “Masan Food”). On January 26, 2012, Ulsan District Court B (hereinafter “instant auction procedure”) obtained a voluntary decision to commence the auction of each of the instant real estate, etc. (hereinafter “instant auction procedure”) on January 26, 2012, and on the same day, the said decision to commence the auction was completed for each of the instant real estate, etc.
B. On June 27, 2012, one bank filed an application for voluntary auction on each of the instant real estate, etc., which was owned by both creditors and collateral security holders with respect to Yangsan Food, and received a decision of voluntary auction on June 27, 2012. On the same day, the registration of the decision of voluntary auction on each of the instant real estate, etc. was completed.
C. The Plaintiff acquired bonds and collateral security from the Han Bank on the two-one Bank's mass food.
In the above auction procedure, on May 15, 2012, Defendant A and the Korean Federation of Korean National Diplomatics (hereinafter referred to as the “Korea Federation”) filed each lien with each of the following claims: (a) Defendant A and the Korea Federation of Korean National Diplomatics (hereinafter referred to as the “Korea Federation”) filed each claim for the construction cost of KRW 83,715,400 for the Yangsan Food; (b) 224,660,000 for the Yangsan Food; and (c) Defendant END Co., Ltd. (hereinafter referred to as the “END”) filed each claim for the construction cost of KRW 175,956,00 for the Yangsan Food on October 30, 2012.
[Basis] Facts without dispute, Gap evidence 1-1, 2, and 3-1, 2, 3-3, Gap evidence 4-1, 4, 5-5, Gap evidence 5-1, 2, 3, 4, and 8-1, 8-2, and the purport of the whole pleadings
2. The parties' assertion
A. In addition, the existence of the Plaintiff’s claim for construction price as to each of the instant real estate, etc. by the Defendants is doubtful, and the Defendants decided to commence the auction.