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1. The right of retention against the Defendant’s claim against B regarding the real estate listed in the attached list shall be the secured claim.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of the establishment of a neighboring mortgage on October 30, 2006 with the maximum debt amount of KRW 4.16 billion, the debtor as C, and the registration of the establishment of a neighboring mortgage on March 30, 2007 with a view to securing the claim for a loan of KRW 3.2 billion against C. In addition, the Plaintiff completed the registration of the establishment of a mortgage on March 30, 2007 with the maximum debt amount of KRW 1.955 billion, the debtor as C, and the establishment of a mortgage on March 30, 2007 with the debtor as C, in order to secure the loan claim of KRW 1.5 billion against C.
B. As C failed to repay its loan obligations after the decision on the voluntary commencement of auction was rendered, the Plaintiff filed an application for an auction to exercise security rights (hereinafter “instant auction”) with the Jung-gu District Court E, and received the decision on voluntary commencement of auction on April 7, 2015, and the entry registration of the decision on commencement of auction was completed on the same day.
C. On August 19, 2015, when the auction procedure of this case was in progress, the Defendant filed a lien report by asserting that he/she had the right to remodeld bonds and debentures as follows in the instant building:
The name of a construction project: The contract date for the interior remodeling of the building of the same dub F building on April 1, 2015: the construction period from April 1, 2015 to August 31, 2015: 2.1 billion won: The ordering person: The fact that there is no dispute over B [based on recognition], A 1, 2, 3 (including the number of branches; hereinafter the same shall apply), A7, 2, and 2, and the purport of the entire pleadings;
2. The assertion and judgment
A. The plaintiff's assertion 1 of the parties asserted that the defendant had the claim for construction cost, which is the secured claim of the lien, by being awarded a contract from B for the construction of the building in this case. However, Eul has no relation to the building in this case
In addition, even if the defendant's claim for construction price is recognized, the claim for construction price has not yet arrived at the time of the decision to commence the auction of this case, and the defendant did not occupy the building of this case.