유치권부존재확인
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Basic facts
A. On December 15, 2015, the Kimhae Agricultural Cooperative completed the registration of creation of a mortgage on each real estate listed in paragraphs 1 through 5 of the separate sheet and each real estate listed in Articles 6 through 17 of the separate sheet (hereinafter collectively referred to as the “instant real estate”) as joint collateral, with the maximum debt amount of KRW 1.56 million, and the debtor agricultural corporation D Co., Ltd. (hereinafter referred to as the “D”). On the same day, the Han forest Agricultural Cooperative completed the registration of establishment of a mortgage on each of the said real estate as joint collateral, and the debtor completed the registration of establishment of a mortgage on the same day.
B. On April 26, 2016, Kimhae Agricultural Cooperative applied for an auction of real estate rent (hereinafter “instant auction”) to this court E as to the instant real estate on April 26, 2016, and received a ruling to commence the auction on April 27, 2016, and completed the registration of the filling-up on May 2, 2016.
C. On October 7, 2016, the Plaintiff completed the additional registration of the transfer of the right to collateral security, which was based on the transfer of confirmed claim by the Kimhae Agricultural Cooperative on September 8, 2016.
On July 12, 2016, the National Agricultural Cooperative Federation completed the supplementary registration of partial transfer of the right to collateral security, which was based on the payment by subrogation of part of the confirmed claim on July 11, 2016, with respect to each of the above right to collateral security by Han Forestry Cooperatives. After October 27, 2016, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security, which was based on the transfer of confirmed claim by Han Forestry Cooperatives on September 29, 2016.
In the instant auction procedure, on May 26, 2016, Defendant A reported a lien as secured claim on the claim for the construction cost of a mushroom growing company worth KRW 190 million; Defendant B reported a lien as secured claim on September 2, 2016; Defendant C reported a lien as secured claim on the claim for the construction cost of a mushroom growing company worth KRW 23 million; and Defendant C reported a lien as secured claim on October 17, 2016, wherein the claim for construction cost of a vinyl house worth KRW 123.5 million as secured claim.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 3 and 9 shall be numbered.