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(영문) 창원지방법원진주지원 2014.06.11 2013가합1948

유치권부존재확인

Text

1. The defendant A who takes 320,000,000 won as secured claim for each real estate listed in the separate sheet Nos. 10 and 11.

Reasons

Basic Facts

The Plaintiff loaned KRW 2,80,000 to D, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 2,704,00,000 on April 27, 2012 with respect to each real estate listed in the separate sheet owned by D (hereinafter “instant real estate”).

D D D D’s creditor D’s creditors filed a compulsory auction for the instant real estate on November 12, 2012, when D did not repay the debt, and the Changwon District Court decided to commence compulsory auction E on November 12, 2012.

On March 6, 2013, the Plaintiff filed an application for an auction to exercise the security right to the instant real estate that D had failed to repay the loan, and received a voluntary decision to commence the auction from the Changwon District Court as the Jinwon Branch Branch F on March 6, 2013

(2) On January 1, 2013, Defendant A filed a lien report stating that he/she has the right to occupy the building of this case as the lien holder because he/she was unable to receive KRW 320,00,000 for each of the real estate listed in the separate sheet Nos. 5 through 11 as stated in the separate sheet No. 44, Jan. 2, 2013; Defendant B filed a lien report stating that he/she has the right to occupy the building of this case as the lien holder; Defendant B had the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 102”) from D with respect to the real estate listed in the separate sheet No. 68 million, and the real estate stated in the separate sheet No. 3 of the separate sheet No. 104 (hereinafter “instant real estate No. 104”) with respect to each of the real estate stated in the separate sheet No. 30,4500,000,000 for interior equipment No. 294, etc.