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(영문) 대구지방법원김천지원 2016.04.22 2015가합15644

유치권부존재확인

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1. As to the real estate listed in the separate sheet, the Defendant’s claim for the construction cost of KRW 647,064,964 as the secured claim.

Reasons

1. Basic facts

A. On December 30, 2014, the Plaintiff is a company that acquired, on January 31, 2012, the right to collateral security and secured debt thereof (hereinafter referred to as “instant real estate”) from the Korean bank (hereinafter referred to as “Korea bank”) with respect to the real estate indicated in the separate sheet (hereinafter referred to as “instant real estate”), and completed the registration of transfer of securitization assets pursuant to an asset-backed securitization plan with respect to the instant real estate, and the Defendant is a person who reported a lien based on the right to collateral for construction payment during the voluntary auction procedure for the instant real

B. 1) On August 7, 2014, our bank filed an application for voluntary auction with respect to the instant real estate on the same day, and the decision on voluntary auction on the same day (Tgu District Court Kimcheon- Branch Office B, hereinafter “instant voluntary auction”).

(2) On August 25, 2014, the Defendant reported the right of retention to the effect that “The instant real estate is in possession of the instant real estate in order to preserve its claim for construction cost, by being awarded a contract with C for each of the following construction works with respect to the instant real estate (hereinafter collectively referred to as “each of the construction works contract”),” in the instant voluntary auction procedure.

1. Date of the first contract for construction works: The name of construction works on October 10, 201: The contract period for factory repair works until January 12, 2012: 51.4 million won (excluding value-added tax);

2. Date of the contract for the second construction works: On November 20, 2011: The name of the construction works: A contract amount by no later than January 15, 2012: 659,096,964 (excluding value-added tax) for the period of construction works for factories, fire hydrants and sprinkler fire-fighting works, and for the period of construction of electric fire-fighting works.

3. Date of a contract for third construction works: The period of construction of facilities for the creation of a cafeteria cafeteria at a factory on June 15, 2012: by July 31, 2012: the contract amount: KRW 18,657,00 (excluding value-added tax) [Attachment]: The fact that no dispute exists, Gap's statements (including each number), Gap's statements (including each number), Gap's statements in subparagraphs 1 and 2, and Gap's statements in subparagraphs 1 and 17 through 21, and the purport of the whole pleadings.