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1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
Reasons
1. The facts below the underlying facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence of 1 to 6, Eul evidence of 1 to 4, 7, and 8 (including each number, if any; hereinafter the same shall apply).
On May 11, 2015, the Plaintiff completed the registration of creation of a mortgage (Seoul Western District Court No. 35281, Jun. 1, 2015, the Seoul Western District Court received the registration office) with respect to the real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. C owned by Nonparty C (hereinafter “instant land”).
B. On June 17, 2015, C awarded a contract for the construction of the 6th apartment house of the reinforced concrete structure on the instant land to Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”). Accordingly, on December 6, 2016, the registration of initial ownership in C’s name was completed with respect to the real estate listed in paragraph (2) of the attached Table, which was newly constructed (hereinafter “instant building”). On January 2, 2017, the Plaintiff completed the registration of initial ownership in the name of C with respect to the instant building on the maximum debt amount of KRW 1,872,00,000, the debtor, and the Plaintiff as the Plaintiff.
C. The Plaintiff filed an application for the auction of the instant land and the instant building owned C based on the foregoing right to collateral security (hereinafter “each of the instant real estate”), with the Seoul Western District Court D, and the said court rendered a decision to voluntarily commence the auction of each of the instant real estate on April 14, 2017 (hereinafter “instant auction procedure”), and the registration of the decision to voluntarily commence the auction (Seoul Western District Court No. 18846) was completed on the same day.
In the instant auction procedure, Defendant A’s secured claim amounting to KRW 71,200,000,000, such as electricity, telecommunication, and fire fighting electricity, on June 19, 2017, and Defendant B’s secured claim amounting to KRW 147,50,000, such as Chang Ho Construction, etc., on June 21, 2017.