유치권부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. As to the instant land owned by B, the Bank completed the registration of the establishment of the mortgage for the debtor C and C, the maximum debt amount of 1.2 billion won, the Industrial Bank of Korea, the registration of the establishment of the mortgage-mortgage, the Industrial Bank of Korea, No. 241020, Nov. 20, 2007, No. 241020, Nov. 20, 2007; the registration of the establishment of the mortgage for the debtor D, the maximum debt amount of 1.2 billion won; the registration of the establishment of the mortgage for the Industrial Bank of Korea, the Industrial Bank of Korea, the debtor B, the maximum debt amount of 6.6 billion won; and the establishment of the mortgage for the Industrial Bank of Korea, the Industrial Bank of Korea of Suwon District Court of Korea, No.
(hereinafter “each of the instant mortgage”). B.
On the other hand, the Industrial Bank of Korea filed an application for voluntary auction on the instant land with Suwon District Court E, F, and G based on each of the instant collective security rights, and the said court rendered a voluntary decision to commence auction on June 13, 2012, and on the same day, the registration of the entry of the decision to commence voluntary auction on the instant land was completed.
(hereinafter referred to as the “instant auction procedure” following the said order.
On September 26, 2012, the Industrial Bank of Korea transferred each of the instant secured claims and secured claims to the Plaintiff, a specialized securitization company established under the Asset-Backed Securitization Act, and registered the transfer with the Financial Supervisory Service.
Article 6 (1) of the Asset-Backed Securitization Act [including the right to claim back the securitization assets (including the right to claim back those third parties when the third parties possess the securitization assets) pursuant to the asset-backed securitization plan.
The same shall apply to this Article.
(i) When the transfer, trust, return, or pledge or mortgage is created with respect to securitization assets, such fact shall be promptly registered with the Financial Services Commission in accordance with the following classifications, and when the transfer, trust, or return of bonds in accordance with an asset-backed securitization plan mentioned in Article 7 (2) has been registered in accordance with Article 6 (1), such fact shall be promptly registered with the Financial