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(영문) 대구지방법원 포항지원 2021.01.14 2020가합10539

유치권 부존재 확인

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Attached Form

1 As to the previous real estate:

A. Defendant B’s 440,000,000 won is the secured claim.

Reasons

1. Basic facts

A. On May 10, 2012, D Co., Ltd. (hereinafter “D bank”) lent money to Defendant B Co., Ltd. (hereinafter “Defendant B”), and completed the registration of the establishment of the lower right of claim for each of the instant real estate unitsing KRW 1,430,000,00 for the remaining-gu E’s land, E’s five-story building on land, F’s land, and G land (hereinafter “instant building”) at the port of distribution as security, and all of the said real estate are collectively collectively collectively referred to as “each of the instant real estate”).

B. On September 7, 2012, when lending money additionally to Defendant B, D bank completed the registration of establishment of the right to collateral security with the maximum amount of KRW 420,00,000 for each of the instant real estate, and on February 28, 2013, the registration of establishment of the right to collateral security with the maximum amount of KRW 780,00,000 for each of the instant real estate was completed.

(c)

On December 31, 2013, Defendant B established H (hereinafter “H”) by dividing the Company into a company, and H completed the registration of transfer of ownership on February 19, 2014 with respect to each of the instant real estate on the grounds of the division into the Company.

(d)

H acquired each of the above loans against Defendant B’s banks, and the name of the debtor of each of the above loans established on each of the instant real estates was changed from Defendant B to H.

E. On March 22, 2019, the Korea Credit Guarantee Fund filed an application for compulsory auction (Tgu District Court Port Support I) with respect to each of the instant real estate, and on the same day, the registration of the decision to commence the compulsory auction was completed.

D A bank filed an application for an auction to exercise the security right to each of the instant real estate on May 31, 2019 (Tgu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch, and on the same day, the decision to commence the auction was completed (hereinafter “instant auction procedure”). (f) On September 27, 2019, D bank transferred the Plaintiff a loan claim against H of the D bank to the Plaintiff on September 30, 201 and October 4, 2019.