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(영문) 서울고등법원 2018.06.22 2018나2015565

유치권 부존재 확인

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance except for adding or adding to the judgment of the court of first instance as follows (Provided, That the part concerning co-defendant F of the court of first instance, which is separately determined, is excluded), and thus, it is acceptable in accordance with the main sentence

Part 6 1 "Rady," "Alternative Schools (O)," shall be added to "Alternative Schools (O),"

The following shall be added to paragraph 14 of the same section:

In principle, pursuant to Article 91(5) of the Civil Execution Act, a purchaser in the real estate auction procedure shall be liable for the repayment of claims secured by the lien to the lien holder pursuant to Article 91(5). However, in case where, after the registration of the entry of the decision on commencing auction on real estate, such as a building owned by the debtor, has been completed and the debtor has transferred possession to the creditor of the construction cost regarding the said real estate, thereby having the creditor acquire the lien by acquiring such possession, the transfer of such possession goes against the prohibition of the disposition of seizure under Articles 92(1) and 83(4) of the Civil Execution Act, since it constitutes an act that is likely to reduce exchange values of the object and thus,

(see, e.g., Supreme Court Decision 2008Da70763, Jan. 15, 2009). Article 18-19 of the Act provides that “No. 9 and 11 of the Act” was added to “No. 11, 12 of the Act, No. 19, 19, 20 of the Act (including additional numbers).”

Part 7 "(1) was parked," and next, " July 27, 2016."

"At the court of execution" in the fourth sentence of the same face, " at the court of execution" shall be added to " August 6, 2016."

On the same page 8-10, “The date of preparation can only be recognized as having no evidence to acknowledge that the Defendant leased part of the real estate listed in the separate sheet to Dratum Co., Ltd.” respectively. The letter of delegation drawn up by the Defendant to O and the warning drawn up by the Defendant respectively.