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(영문) 광주지방법원 2015.05.15 2014가합8464

유치권부존재확인

Text

1. It is confirmed that the defendant's lien as to each real estate listed in the separate sheet does not exist.

2...

Reasons

1. Basic facts

A. A and B are the co-representatives of Co., Ltd. (hereinafter “C”) and co-owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and C uses each of the instant real estate as a business site.

B. On August 30, 2011, the Plaintiff loaned KRW 2.44 billion to C (hereinafter “instant loan”). At the same time, A and B jointly and severally guaranteed the instant loan obligations, and at the same time completed the registration of establishment of a neighboring mortgage with regard to a factory foundation, including each of the instant real estate, with the Gwangju District Court No. 170872, August 30, 201, as the obligor C, the mortgagee, the maximum debt amount, and the maximum debt amount, KRW 3.1772 million, to the Plaintiff.

C. C was unable to repay the instant loan, and on March 3, 2014, the Plaintiff filed an application for voluntary auction on each of the instant real estate (Seoul District Court D) and on March 4, 2014, the auction procedure (hereinafter “instant auction procedure”) began as a result of voluntary auction decision on each of the instant real estate.

On July 24, 2014, the Defendant reported the lien with the secured debt worth KRW 220 million, along with the following written contract, at the instant auction procedure.

The defendant shall install 300TN (500 x 2200 x 2700 x 118,000 x 118,00,000 signal x 118,000 x 1,500 x 50 x 21,000 x 100 x 21,000 x 500 x 1 x 5000 x 1,000 LPG gas recovery type 500 x 7,500 x 18,000 x x 18,000 x x x x 1570,500 x x x 1500 x x 2700 x x 1,500 x x 200 x 200 x 201 x 2000 x 200 x 2000

Article 3 (Advanced Payment: The remainder of down payment before and after the installation: At the time of machinery and equipment under Article 8 (Special Agreement) after the completion of the installation, C shall be the basic construction and the following matters: