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(영문) 서울고등법원 2016.07.01 2015나2072048

유치권부존재확인

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 12, 2011, our bank (hereinafter “Korea bank”) completed the registration of the establishment of a collateral on the real estate indicated in paragraphs 1 through 9 of the attached list among the instant real estate, with regard to the establishment of a collateral security right holder’s bank, the debtor-based electronic company, the maximum debt amount of KRW 9.6 billion, and with respect to the real estate indicated in paragraphs 10, 11, and 12 of the same list, on December 22, 2011, the establishment of a collateral security right holder’s bank, the debtor-based electronic company, and the maximum debt amount of KRW 9.6 billion, respectively.

B. On April 19, 2013, our bank applied for a voluntary auction on the instant real estate as D with the High Government District Court Goyang Branch D with regard to the instant real estate based on the foregoing right to collateral security and completed the registration of the voluntary auction decision on April 22, 2013 upon receipt of the said court’s decision to commence the auction (hereinafter “instant decision to commence the auction”), and currently, the said decision to commence the auction procedure (hereinafter “instant auction procedure”).

C. Meanwhile, in accordance with Article 8(1) of the Asset-Backed Securitization Act, the Plaintiff acquired the right to collateral security and the right to collateral security from our bank, and our bank registered the transfer of securitization assets to the Financial Services Commission in accordance with the asset-backed securitization plan and notified the transfer of the right to collateral to the Sin

In the instant auction procedure, on July 10, 2013, Defendant A (mutual name: E) transferred the ownership of the real estate in the attached Tables 1 and 2 to G, on April 6, 2011, to G, the ownership of the real estate in the attached Tables 1 and 3, and 4, on July 10, 2013, as the secured claim for the construction price of KRW 1.3 billion against C&K. < Amended by Presidential Decree No. 23748, Sep. 25, 2013>

The claim for the construction cost of KRW 72,838,00 against A shall be deemed as the secured claim, and ③ Defendant C shall be deemed as the secured claim for the construction cost of KRW 27 million against F on September 25, 2013, with the claim for the construction cost of KRW 27 million against F on September 25, 2013 as the secured claim, and Defendant White-Ma Construction