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(영문) 광주지방법원 2018.08.31 2017가합57474

유치권 부존재 확인

Text

1. Defendant B, C, D, E, F, G, and limited company H.

Reasons

1. Defendant B, on February 3, 2015, the change of the organization was made in “limited liability company” L.

Determination as to the claim

(a) Description of claims: as shown in Appendix 2;

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Defendant C Co., Ltd., D, E, E, F, G, H, I, and J or lower corporate Defendants are exempt from both the name of the company and the entry of “stock company” or “limited liability company”.

Determination as to the claim

A. On October 17, 2014, the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 540 million (No. 220898, Oct. 17, 2014), the registration of creation of a mortgage over the maximum debt amount of KRW 6 billion (No. 277308, Dec. 10, 2014; the registration of creation of a mortgage over the maximum debt amount of KRW 6 billion (No. 277308, Jun. 16, 2016) with respect to the site stated in paragraph (1) of the attached list owned by K, respectively. The Plaintiff shall complete the registration of creation of a mortgage over the maximum debt amount of KRW 6 billion (No. 277308, Oct. 17, 2014; the “each of the instant real estate”).

2) The instant registered collective security (hereinafter collectively referred to as “each of the instant collective security rights”) with the content of adding each of the said collective security rights to the joint collateral security (No. 105383 and No. 105385, Jun. 16, 2016).

(2) The Plaintiff filed an application for the commencement of voluntary auction on each of the instant real estate based on the instant collateral security, and received a voluntary decision to commence auction on November 8, 2016.

(3) Defendant C, D, E, F, G, H, I, and J reported a lien on each of the instant real estate in the instant auction procedure, with the content as set forth below, at the instant auction procedure. The amount of the instant reported claim (unit: Defendant C936,850,00, Defendant D120,250,000 Defendant E297,000,000 for Defendant E-297,000,000.