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1. As to each real estate listed in the separate sheet, the construction cost of Defendant A corporation shall be KRW 1,101,100,000.
Reasons
1. Facts of recognition;
A. The Industrial Bank of Korea completed the registration of establishment of a collateral security (hereinafter “each of the instant real estates”) regarding each of the real estates listed in the separate sheet attached to C owned by C in order to secure the claim for loans against C Co., Ltd. (hereinafter “C”).
B. Since then C was unable to repay the above loans, the Industrial Bank of Korea applied for a voluntary auction on each of the instant real estate based on the aforementioned collateral security right with the Suwon District Court D, and received a voluntary auction decision on June 15, 2012, and the entry registration was completed. The instant case was under process of auction (hereinafter “instant auction”) after being merged with the Suwon District Court E compulsory auction decision on each of the instant real estate as of May 22, 2012.
C. In the instant auction procedure, on July 12, 2012, Defendant A Co., Ltd. (hereinafter “Defendant A”) reported a lien to the effect that on the instant real estate, the claim for construction cost equivalent to KRW 1,101,100,000 with respect to each of the instant real estate is the secured claim, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) acquired each lien with respect to each of the instant real estate, the claim for construction cost equivalent to KRW 1,008,913,972 as the secured claim, on August 6, 2012.
During the instant auction procedure, the Plaintiff acquired the claim for loans from the Industrial Bank of Korea to C, succeeded to the creditor status in the instant auction procedure, and Defendant B was divided into F and Defendant B around October 22, 2014, and was subject to the status of the reporter of the lien.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, Eul's evidence 10-14, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion 1 continued construction work in accordance with the construction contract that the Defendants actually concluded with C and the claim for construction payment, such as the reported amount of lien, arose.