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(영문) 울산지방법원 2013.12.19 2012가합6635

유치권부존재 확인

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

3...

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) completed the registration of the establishment of a mortgage with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”) by the Ulsan District Court No. 62191, Nov. 30, 2005, the amount of maximum debt amount of KRW 900 million, the debtor F, the National Agricultural Cooperative Federation of Korea (hereinafter “CF”), the debtor F, the National Agricultural Cooperative Federation of Korea (hereinafter “CF”), the amount of KRW 564 million received on Jan. 27, 2006, and No. 4245, Nov. 16, 2006; the debtor G and the mortgagee of the said court; the obligor, the F, the Plaintiff B, and the Plaintiff of the said court as the maximum debt amount of KRW 50 million, the amount of debt amount of KRW 7814,70,000,000, F, the debtor, and the debtor, and each of H, respectively.

On September 30, 2010, the defendant completed the registration of change of right to collateral security by changing the debtor of each of the above right to collateral security to his own name on the ground of the exemption of obligation under No. 48386.

B. On November 12, 2007, the Plaintiff D received a provisional attachment order from Busan District Court 2007Kadan20489 on the instant real estate and completed the provisional attachment registration on the 14th of the same month. The Plaintiff A received a provisional attachment order from Busan District Court 2010Kadan12176 on October 8, 201 and completed the provisional attachment registration on the 11th of the same month upon receipt of the provisional attachment order from Busan District Court 2010Kadan12176 on the real estate listed in the list 1 and 3, and the Plaintiff C is the provisional attachment owner who completed the provisional attachment registration on September 7, 201 upon receipt of the provisional attachment order with the Daegu District Court 201Kadan7937 on September 7, 2011.

C. I applied for the commencement of compulsory auction with the Ulsan District Court J as to the instant real estate and received a decision to commence compulsory auction from the above court on January 16, 2012.

After the registration of the establishment of a new real estate in the instant real estate, Nonghyup filed an application for a voluntary auction of real estate with K in Ulsan District Court on April 30, 2012, and received a decision to commence voluntary auction from the above court on April 30, 2012, and joined the said J J compulsory auction.

(e)be combined.