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(영문) 의정부지방법원 2016.10.25 2015가단117073

유치권부존재확인의 소

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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. Facts of recognition;

A. The F completed the registration of ownership transfer in its name on February 23, 201 with respect to the land listed in [Attachment List No. 1 (hereinafter “instant land”) as of February 18, 201.

B. On January 3, 2012, the registration of preservation of ownership was completed due to the entrustment of provisional seizure by F’s name as to the buildings listed in the attached list No. 2 (hereinafter “instant building”).

C. On March 12, 2014, upon G’s application, there was a decision to voluntarily commence the auction (hereinafter “instant auction procedure”) with respect to each of the instant real estate listed in the separate sheet, which was owned by F on March 12, 2014 (hereinafter “each of the instant real estate”), and on the same day, the entry registration of the said decision was completed with respect to each of the instant real estate.

Defendant C submitted, on April 8, 2014, a report on the existence of a lien based on the aggregate construction cost claim amounting to KRW 340,000,000,000 in the instant auction procedure, and the same year.

7.3. 80 million won submitted a report that there is a lien based on the aggregate construction cost claim.

E. On April 8, 2014, Defendant D submitted a report on the fact that the instant auction procedure had a lien based on the right of retention based on the instant claim for the construction cost, as well as the 35 million US dollars for apartment 2 studio and building building.

F. On April 8, 2014, Defendant E submitted a report on the instant auction procedure stating that “I and I enter into a cleaning service contract around February 10, 2012, Defendant E, and Defendant E, who did not receive KRW 18 million in cleaning expenses for stairs in J buildings, are in a right of retention in apartment room.”

G. On April 29, 2015, the Plaintiffs purchased each of the instant real estate at the instant auction procedure, and completed the registration of ownership transfer for reasons of sale due to the voluntary auction conducted on April 29, 2015, with respect to one half of the instant real estate on the same day.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3.