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(영문) 대전지방법원천안지원 2016.07.22 2015가합103152

유치권부존재확인 청구의 소

Text

1. The defendant's claim amounting to KRW 237,675,903 as the secured claim regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On August 12, 2013, B Co., Ltd. completed on August 12, 2013 the registration of creation of a mortgage over each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with respect to the Industrial Bank of Korea on August 12, 2013, the maximum debt amount is KRW 6 billion, and the debtor B and the mortgagee B had completed the registration of establishment of a mortgage over the Industrial Bank of Korea.

(B) As above, the right to collateral security, the registration of which has been completed, is called the “mortgage of this case.”

On November 14, 2014, the Industrial Bank of Korea filed an application for voluntary auction with respect to each of the instant real estate on the basis of the instant right to collateral security (hereinafter “instant right to collateral security”). On November 27, 2014, the Industrial Bank of Korea rendered a decision to voluntarily commence auction with respect to each of the instant real estate to this court C (hereinafter “instant auction procedure”), and on the same day, on November 27, 2014, issued a decision to voluntarily commence auction with respect to each of the instant real estate (hereinafter “instant auction procedure”), and on the same day, on November 27, 2014, the record of the decision to voluntarily commence auction was completed.

C. On December 4, 2014, the Industrial Bank of Korea concluded an asset acquisition agreement with the Joint Asset Management Co., Ltd. to sell the secured debt of the instant right to collateral security.

On December 29, 2014, the Yonhap Asset Management Co., Ltd. entered into an agreement on the transfer and acquisition of assets under the asset acquisition agreement between the Plaintiff and the Plaintiff (hereinafter “instant transfer of assets”) with the content that all rights and obligations under the asset acquisition agreement between the Plaintiff and the Plaintiff. Accordingly, the instant secured claim, which was acquired from the Industrial Bank of Korea, was transferred to the Plaintiff (hereinafter “instant transfer of claims”).

E. On December 11, 2014, the Plaintiff filed an application for registration of asset-backed securitization plan with the Financial Supervisory Service, and on the same day, acquired the instant collateral security with the assignment of the instant claim.

Article 8 of the Asset-Backed Securitization Act (Special Cases concerning Acquisition of Mortgage, etc.)