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(영문) 대구지방법원포항지원 2019.11.28 2019가합253

유치권 부존재 확인

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1. Claim for the construction cost of KRW 2,100,724,90 for each real property listed in the separate sheet shall be the secured claim.

Reasons

1. Basic facts

A. On September 29, 2010, the Plaintiff leased the amount of KRW 4.2% per annum, interest rate of KRW 2 billion per annum, interest rate of KRW 21% per annum, and due date of repayment September 29, 2017 to C. On November 30, 2010, the Plaintiff determined and lent KRW 50 million per annum 4.27% per annum, interest rate of KRW 21% per annum, interest rate of KRW 21% per annum, and due date of repayment on November 30, 2018. On November 30, 2011, the Plaintiff determined and lent KRW 4.31% per annum, interest rate of KRW 21% per annum, and due date of repayment on November 10, 2017.

B. On December 31, 2014, the Plaintiff entered into a mortgage contract with C to secure each of the above loans and the future claims, and completed the registration of creation of a mortgage over each of the real estates listed in the separate sheet owned by C on the same day, with the maximum debt amount of KRW 3,800,000.

C. On May 18, 2018, the Plaintiff filed an application for the commencement of voluntary auction with respect to each of the real estate listed in the separate sheet with the Daegu District Court Branch branch on May 18, 2018. On May 21, 2018, the Daegu District Court Branch Branch rendered a decision to commence voluntary auction (D) with respect to each of the real estate listed in the separate sheet, and on May 23, 2018, the entry registration was completed.

On May 16, 2019, the Defendant asserted that “The construction of an industrial complex related to each real estate listed in the separate sheet was performed by C, but did not receive 2,100,724,90 won out of the progress payment,” and that each real estate listed in the separate sheet is possessed. As such, the Defendant reported the lien to the effect that each real estate listed in the separate sheet is a lien with respect to each real estate listed in the separate sheet as secured claim.”

E. From May 16, 2019, the Defendant installed containers, placards, and signboards on each real estate listed in the separate sheet from around May 16, 2019 to the present day, and visited and managed each of the said real estate from time to time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 14 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion is recorded in the annexed list.