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1. It is confirmed that there is no lien on the real estate listed in the defendant's attached list.
2...
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 300 million to B on December 1, 2009, and entered into a mortgage contract with B as to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) for the purpose of securing the principal and interest of the loan, and completed the establishment of a neighboring mortgage contract with the maximum debt amount of KRW 390 million.
B. Around December 8, 2010, when B delayed payment of interest on the above loan obligation, the Plaintiff filed an application for voluntary auction of the instant real estate with the Daegu District Court Kimcheon branch of Kimcheon branch of the Daegu District Court for the decision of commencing voluntary auction on December 10, 2010 (hereinafter “instant auction procedure”), and the decision of commencing voluntary auction was completed on December 14, 201, and on the 14th of the same month, the registration of the decision of commencing voluntary auction was completed.
C. As between B and September 15, 2010, the Defendant entered into a construction contract with the construction cost of KRW 3,417,309,80 (the total construction cost of KRW 1,467,309,80, and the interior cost of KRW 1,950,000) to use the instant building as a bath, and filed a lien report at the auction procedure of the instant case on February 1, 2011.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. In accordance with the assertion that the Defendant’s judgment on the primary claim of this case executed construction work equivalent to KRW 3,417,309,80 for the instant real estate, there are evidence evidence Nos. 3, evidence Nos. 3, evidence Nos. 3-1 through 44, and evidence Nos. 4-1 through 59, and witness B’s testimony.
However, the following circumstances, i.e., the construction cost of the instant real estate claimed by the Defendant, which can be known by the respective descriptions of Gap evidence Nos. 3, 8, and 15 (including paper numbers), and by the witness D's testimony and the entire purport of oral argument, are 3.4 billion won.