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(영문) 전주지방법원 2018.11.14 2017가합2556

유치권 부존재 확인

Text

1. As to the real estate stated in the attached list, the Defendants in the Jeonju District Court D's auction of real estate.

Reasons

1. Claim against the defendant B

A. 1) The Plaintiff’s establishment of the instant right to collateral security (hereinafter “instant land”) on May 3, 2013, in order to secure the payment of a loan by lending money to E, and thereby securing the payment of the loan (hereinafter “instant land”).

(A) the real estate listed in the separate sheet of the land and its ground (hereinafter referred to as “instant building”).

(2) In relation to Sejong Special Self-Governing City G and its ground buildings, the maximum debt amount of KRW 624 billion and the collateral security with obligor E (hereinafter “instant collateral security”).

(2) After completing the registration of establishment, the Plaintiff filed an application for voluntary auction on the instant land and the instant building with the Jeonju District Court H on June 12, 2014, following the Plaintiff’s delay in performing the obligation of loans to the Plaintiff, and on June 13, 2014, the Plaintiff filed an application for voluntary auction on the instant land and the instant building with the Jeonju District Court H, and the said court rendered a decision to commence voluntary auction on June 13, 2014. The Plaintiff withdrawn the application for voluntary auction on the instant land and the instant building on June 17, 2015. (B) On May 23, 2016, the Plaintiff filed an application for voluntary auction on the instant land and the instant building with D with the Jeonju District Court D on May 23, 2016, and the said court rendered a decision to commence voluntary auction on May 24, 2016.

(hereinafter “instant voluntary auction procedure” . 3) Defendant B paid KRW 4,1830,00,000 to Defendant B via I, KRW 300,000 on October 7, 2013, KRW 15.6 million on October 1, 2013, KRW 1,600,000 on November 1, 2013, KRW 2230,000 on November 2, 2013, and KRW 50,000 on December 19, 2013.

B. On November 21, 2014, Defendant B filed a lawsuit against E for the claim for construction price under Daejeon District Court Decision 2014Kadan45628, and the above court rendered a judgment on December 30, 2014 that “Defendant B (E) shall pay to Plaintiff B the amount of KRW 96,628,400 and the amount calculated at the rate of KRW 20% per annum from December 11, 2014 to the date of full payment,” and the above judgment became final and conclusive on January 14, 2015.