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(영문) 청주지방법원충주지원 2015.12.17 2015가합3396

유치권부존재확인

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1. It is confirmed that each lien of the Defendants on each real estate listed in the separate sheet Nos. 1 and 2 does not exist.

Reasons

1. Basic facts

A. The Plaintiff Chungcheongnam-sung Credit Union completed the registration of the establishment of each of the real estates listed in the separate sheet No. 1 attached hereto (hereinafter “the real estates of this case 1”) owned by CPS Construction Co., Ltd. (hereinafter “CP Construction”).

Plaintiff

The Korea Saemaul Depository completed the registration of establishment of each of the real estates listed in the attached Table 2, attached to CP Construction, which is listed in CPS Construction’s Schedule (hereinafter “each of the real estates in this case”). The debtor completed the registration of establishment of each of the real estates in CP construction as CP with respect to each of the real estates in this case (hereinafter “instant real estates”).

B. On June 20, 2014, the Plaintiff Chungcheongnam-sung Credit Union filed an application for the auction of real estate rent with the Chungcheong District Court C, D, E, F, and G with respect to the real estate set forth in subparagraph 1 of the instant case, and received a voluntary decision to commence auction from the above court on June 20, 2014, and the entry registration was completed on the same day.

(2) On April 17, 2014, the Plaintiff’s Saemaul Bank filed an application for the auction of real estate rent with the Cheongju District Court for the auction of real estate rent as H with respect to each of the instant real estate No. 2 (hereinafter “instant auction procedure”). On April 17, 2014, the instant auction procedure was held voluntarily by the said court (hereinafter “instant auction procedure”). The registration of the entry was completed on April 18, 2014, and the instant auction procedure was awarded a successful bid for each of the instant real estate No. 2 in the said auction procedure.

C. At the instant auction procedure on July 28, 2014, Defendant A reported the right of retention with the amount of KRW 250,000,000 for each of the instant real estate as the secured claim at the first auction procedure on July 31, 2014.

On July 31, 2014, Defendant B reported the lien with the amount of KRW 79,50,000 for the electrical construction of each of the instant real estate as the secured claim at each of the instant auction procedures.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, 2, 5, and 6 are each numbers.