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1. As to each real estate listed in the separate sheet, the defendant A's lien does not exist;
2...
Reasons
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
Attached Form
Each real estate listed in the list (hereinafter collectively referred to as the “instant real estate,” and the entire land is referred to as the “instant land,” and the agricultural machinery storage listed in the attached list 6 referred to as the “instant warehouse”) was completed on July 15, 2015 in C.
[A] On July 16, 2015, the Plaintiff entered into a mortgage agreement with C on the instant real estate, and received the registration and receipt of the said court on July 17, 2015, the following day, from the obligor C, the maximum debt amount of KRW 348 million, and the registration of establishment of a mortgage under the name of the Plaintiff as a mortgagee.
[A] 24] The Plaintiff also received the registration of this Court and the registration of creation of superficies under Section 158121 on the same day.
[A] 2, 5] Defendant A received the registration of this Court on the same day and the right to claim transfer of ownership based on a trade promise made on July 16, 2015 from this Court No. 158122 as to the instant real estate.
[A] On April 26, 2016, the Plaintiff received a decision to commence an auction of real estate rent as D by this court regarding the instant real estate on April 26, 2016, and completed the registration of entry on April 27, 2016.
[A] On December 9, 2016, Defendant A reported each right of retention to the effect that Defendant A had 8,2640,000 won of the amount of claim at the instant auction procedure, and Defendant B also had 37,826,772 won of the amount of claim on the same day.
[A] 3] 2. Judgment
A. Article 320(1) of the Civil Act provides that “a person who possesses an article or securities of another person shall have the right to retain such article or securities until repayment is made, if a claim arising in respect of such article or securities is due.” The term “claim arising in respect of such article” refers to the right of retention.