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(영문) 의정부지방법원 2018.06.21 2016가합51948

유치권부존재확인의 소

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1. Each lawsuit against the Defendants and the Intervenor succeeding to Defendant H’s and the Intervenor’s succeeding to the lawsuit are Defendant D, E, F, and G.

Reasons

1. Basic facts

A. On August 29, 2013, the Plaintiff, while implementing a loan to Nonparty J, completed the registration of the establishment of a neighboring land with a maximum debt amount of KRW 1,105,00,000 as to each real estate listed in [Attachment List Nos. 1 through 14 (hereinafter “each land of this case”) as collateral.

B. On August 16, 2016, the Plaintiff’s succeeding intervenor acquired the Plaintiff’s above loan claims and the aforementioned collateral security from the Plaintiff’s J. On or around September 5, 2016, and notified the J of the assignment of claims upon delegation of the Plaintiff’s power to notify the assignment of claims.

C. Meanwhile, with respect to each of the instant land and each of the instant land and Yangju-si, K forest land 69 square meters, L 17 square meters, and M 124 square meters, the procedures for the compulsory auction of real estate and the auction of real estate rent of Mabu District Court in the Jung-gu District Court were overlapped. The procedures for the auction of real estate rent of Mabu District Court was withdrawn on May 20, 2016, and the procedures for the compulsory auction of Mabu District Court Nung Real estate was dismissed on June 9, 2016.

Then, on October 6, 2016, the Plaintiff’s successor, the mortgagee of each of the instant lands, filed an application for the auction of real estate rent with the Jung-gu District Court P on each of the instant lands on October 7, 2016, and received a decision on commencement of auction from the above court (hereinafter “decision on commencement of auction on each of the instant lands”) on October 7, 2016, and on November 9, 2016, filed an application for the auction of real estate rent with Qu District Court on the real estate listed in attached Table No. 15 (hereinafter “instant building”), and received a decision on commencement of auction from the above court on February 24, 2017.

(hereinafter referred to as “decision to commence the auction on the instant building”). [Grounds for recognition] / [The fact that there is no dispute, each entry of Gap evidence Nos. 1, 2, and 6 through 8 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The Plaintiff’s Defendants and the Intervenor succeeding to H’s respective lawsuits against Defendant H ex officio determination as to the legitimacy of each lawsuit against the Plaintiff’s Defendants and the Intervenor succeeding to H’s status.