beta
(영문) 대전지방법원 서산지원 2018.05.10 2017가합51329

유치권 부존재 확인

Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. The Plaintiff, as indicated in the claim, acquired from the Industrial Bank of Korea the right to collateral security on the claim against Mine Korea Co., Ltd. and the real estate stated in the separate sheet, and the Defendants reported the right to collateral at the auction procedure for each real estate

However, the Defendants’ preserved claims were not effective, and the Defendants’ possession of each real estate listed in the separate sheet is not recognized. Therefore, the Defendants’ preserved claims are sought to confirm that there is no lien on each real estate listed in the separate sheet.

2. Applicable provisions;

(a) The Ministry of Justice among the defendant corporation and the judgment deemed as the confession of the defendant A (Article 208 (3) 2 of the Civil Procedure Act)

B. Judgment by service by public notice of Defendant Company’s partnership (Article 208(3)3 of the Civil Procedure Act)