Text
1. There is no defendant's lien on each real estate listed in the separate sheet between the plaintiff A, B and the defendant.
Reasons
1. Basic facts
A. On July 6, 2012, with respect to each real estate listed in the separate sheet owned by Plaintiff C (hereinafter “instant real estate”), Plaintiff B completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 2,160,000,000,000, the debtor C and the mortgagee B; the Plaintiff completed the registration of creation of a neighboring mortgage with the debtor C and the mortgagee C, the maximum debt amount of KRW 600,00,000, the debtor C and the mortgagee A.
B. On January 23, 2013, Plaintiff C and the Defendant sold to the Defendant the ownership of the instant real estate and a new hotel construction business license for the instant real estate in KRW 16,00,000,000. However, the Defendant entered into a contract with the Defendant to take over KRW 14,250,000 in aggregate of the secured debt of the right to collateral security established on the instant real estate and the security deposit repayment obligation for the lessee (hereinafter “instant contract”), and the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) was completed for the instant real estate to the Defendant.
C. On April 8, 2013, Plaintiff A applied for a voluntary auction on the instant real estate on April 17, 2013, and received a voluntary decision on commencement of auction on April 17, 2013 (Seoul Central District Court E), and on April 18, 2013, the registration of the voluntary decision on commencement of auction was completed on the instant real estate.
(hereinafter “instant auction procedure”). D.
On July 19, 2013, the Defendant reported the lien on the instant real estate, which is a sale object of the instant auction procedure.
[Reasons for Recognition] A’s 1-1, A’s 1-2, A’s 1-2, A’s 3-2, A’s 1-2, A’s 1-4, A’s 1-5, A’s 1-1, A’s 2-1, B’s 2-1, B’s 2-1, and 5-1, B’s 5-1, and the purport of the whole pleadings
2. The plaintiffs asserted that there is no correlation between the secured debt claimed by the defendant and the real estate of this case, and even if the defendant's lien exists a commercial lien, the senior mortgagee is the mortgagee.