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(영문) 의정부지방법원 2017.12.01 2016가합55254

유치권부존재확인

Text

1. It is confirmed that the defendants' lien does not exist with respect to real estate stated in the attached list.

2...

Reasons

1. Basic facts

A. The auction procedure with respect to real estate listed in the attached list 1) Korea Yangyang Agricultural Cooperative Co., Ltd. is a real estate listed in the attached list 1 through 7 owned by C in order to secure loan claims against C (hereinafter “instant real estate eight floors”).

(2) On April 10, 2014, in order to secure D’s loan claims, the Korea Agricultural Cooperative completed the establishment registration of a neighboring mortgage on the real estate stated in the separate sheet owned by D (hereinafter “instant real estate nine floors”) as of the same day. 2) On March 9, 2016, the Korea Agricultural Cooperative was voluntarily rendered a decision to commence the auction on the eight floors of the instant real estate, and the entry registration was completed on March 11, 2016. In addition, on March 10, 2016, the Korea Agricultural Cooperative again concluded a decision to voluntarily commence the construction of the instant real estate nine floors (FF), and on March 10, 2016, the Korea Agricultural Cooperative again concluded a contract with the Defendants for the registration of the establishment of a new auction on March 10, 2016, and completed the construction of the instant real estate on March 10, 2016 after the registration of the establishment of a new auction on March 10, 2016.

The instant auction procedure asserts that the lien was reported. 2) Defendant Han-SaSa Co., Ltd. (hereinafter referred to as “Korea-SaSaSaSaP”)

In May 24, 2016, ‘the real estate of this case' was 8,9 floors.