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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 12, 2011, and December 22, 2011, 2011, our bank completed the registration of creation of a mortgage over each real estate indicated in the separate sheet (hereinafter referred to as “each of the instant real estate”) with respect to each of the instant real estate as indicated in the indication of the attached real estate (hereinafter referred to as “instant real estate”).
B. The Bank applied for a voluntary auction on each of the instant real estate based on each of the foregoing collateral security rights, and on April 19, 2013, the decision to commence the auction on the sale of real estate was made to the Cheongyang-gu District Court Goyang-dong C, which was currently underway (hereinafter “instant auction procedure”).
C. Pursuant to Article 8(1) of the Asset-Backed Securitization Act, the Plaintiff acquired from the Bank of Korea the right to claim against the Bank of Korea E&Electronic Co., Ltd. and the right to collateral security of 9.6 billion won for each of the instant real estate.
The Korean Bank shall register the transfer of securitization assets in accordance with an asset-backed securitization plan with the Financial Services Commission, and shall send notice of the transfer to the Sin&Electronic Co.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 12, the purport of the whole pleadings
2. The Plaintiff’s alleged Defendants did not submit a lien report in the instant auction procedure, but asserted that they had a claim for construction cost amounting to 300 million won by performing civil construction works on the land indicated in paragraph (1) indicating attached real estate indicated in attached Form 1, and installed a banner on the access road to an adjacent factory to each real estate of this case that “D corporation exercises a lien,” and claimed a lien on each of the instant real estate.
However, there is no claim for the construction cost of the Defendants, and the Defendants did not possess each of the instant real estate, and thus a lien on each of the instant real estate is not recognized. Therefore, the Defendants seek confirmation of the absence thereof.
3. ex officio determination.