beta
(영문) 전주지방법원남원지원 2016.08.11 2016가합1012

유치권부존재 확인의 소

Text

1. The defendant's lien does not exist as to each real estate listed in the separate sheet Nos. 3 through 11.

Reasons

1. Facts of recognition;

A. (1) On June 9, 201, Plaintiff A completed the registration of the establishment of a mortgage on each land (joint collateral) listed in the separate sheet Nos. 1 and (2) owned by Plaintiff A, a limited liability company, as of June 9, 201, with respect to each land (joint collateral) listed in the separate sheet Nos. 1 and (2), the maximum debt amount of which is KRW 255,00,000,00, and the debtor E. On October 18, 2011, Plaintiff B completed the registration of the establishment of a mortgage on each land (joint collateral) listed in the separate sheet Nos. 3 through 11 of the separate sheet owned by the limited liability company (attached sheet No. 1 and 2). Plaintiff B completed the registration of the establishment of a mortgage on each land (joint collateral) listed in the separate sheet No. 1 and (2) listed in the separate sheet No. 195,000,000, and completed the registration of the establishment of a mortgage on each of the collateral No. 318.

3) On March 14, 2012, Plaintiff C completed the registration of creation of a mortgage on each of the real estate (joint collateral) listed in the separate sheet Nos. 1 through 11, 201, listed in the separate sheet No. 1 through 11, which was owned by Plaintiff C, the maximum debt amount of which is KRW 30,00,00,00, the debtor F, and E. B. The commencement of voluntary auction and the Defendant’s right of retention report 1) Plaintiff A applied for voluntary auction on the real estate listed in the separate sheet No. 1 through 11, 204, based on the aforementioned right of collateral security, for which the former District Court rendered a decision of voluntary commencement of auction on December 11,

(2) On March 5, 2015, the Defendant: (a) on March 5, 2015, each of the buildings listed in the attached Tables 3 through 11 (hereinafter “instant building”) in the instant auction procedure.

(B) The lien of each building described in [Attachment 12(20) of [Attachment 12(b0)] of the same building (a double-registration of preservation of ownership: secured claim: 730,620,000 won for the work price of HH Youth Training Institute) was reported. 【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1 through 5 (each entry and the purport of the whole pleadings including the serial number).

2. Issues and judgments

(a) Real estate owned by the obligor at issue, such as buildings owned by the obligor.