유치권부존재확인
1. As to the auction of real estate deposit case, the defendant on September 23, 2013, with respect to the Suyang Branch B (C), D (Dual) of the Suwon District Court.
1. Basic facts
A. As to the real estate listed in the separate sheet (hereinafter “the instant real estate”), (1) the Suwon District Court’s Ansan Branch’s Ansan Branch’s 8262 received on November 2, 2009, registered the creation of the right to collateral security with the maximum debt amount of KRW 405,60,00,000, the debtor E and Han Bank Co., Ltd. (hereinafter “I Bank”), (2) the maximum debt amount of KRW 393,00,000,000, the debtor FF Co., Ltd. (hereinafter “F”), E and the Credit Guarantee Fund, and (3) the same registry office received on the same day, respectively, as the registration of the creation of the right to collateral security with the maximum debt amount of KRW 57,00,000,000, the debtor E and the Industrial Bank of Korea of Korea, respectively.
B. On May 3, 2012, the Korea Credit Guarantee Fund applied for the auction of real estate as Suwon District Court B with respect to the instant real estate based on the foregoing right to collateral security, and received a decision of voluntary auction from the above court on May 3, 2012. The Industrial Bank of Korea and Han Bank filed an application for auction of real estate with each of the same courts C and D, and the following two cases were consolidated with the above B auction case.
(hereinafter “instant auction”). C.
The Plaintiff is against the Han Bank during the auction of the instant case.
(1) The right to collateral security and the secured claim are taken over and completed the report of the change of the mortgagee at the auction court of this case.
On September 23, 2013, the Plaintiff asserted that there was a claim for interior expenses concerning the instant real estate, and reported the lien to the instant auction court.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, Gap evidence 4-1, 2, Gap evidence 7, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the party’s assertion 1 is that the Defendant does not hold a preserved claim entitled to exercise the right of retention and does not occupy the real estate of this case. Therefore, the instant real estate is real estate.