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(영문) 수원지방법원 2018.01.18 2017가합13246

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. Basic facts

A. The Plaintiff lent money to Nonparty 2, Scomer Co., Ltd. (hereinafter “Rabcom”), and to secure this, as regards each real estate listed in the Nos. 1 through 6 of the separate sheet (hereinafter “each of the instant lands”) to the Plaintiff, as the maximum debt amount of KRW 2,040,000,000 (the maximum debt amount of November 22, 201 of the same year was changed to KRW 1,020,000 on November 22, 201 of the same year) by the Suwon District Court No. 19766, Feb. 7, 2013; the obligor BScomer; and the joint collateral mortgage (Joint Security List No. 2013-348 of the Joint Security List) committed by the Plaintiff as a mortgagee. < Amended by Presidential Decree No. 23558, Nov. 22, 2013>

6. 5. As for the receipt of the same registry office, the maximum debt amount of KRW 1,560,000,000, the debtor’s joint collateral security (joint collateral security list No. 2013-1618), the debtor’s joint collateral security (joint collateral security list No. 2018), and the Plaintiff’s joint collateral security (joint collateral security list No. 201,560,000,000, the debtor’s joint collateral security (joint collateral security list No. 2013-348), and the joint collateral security list No. 1,020,000, the joint collateral security list No. 94321, Jun. 3, 2016, with respect to each of the instant land and the instant building collectively referred to as “each of the instant real estate” as the joint collateral list No. 1,020,000,000, the debtor’s joint collateral security (joint collateral list No. 2013-16348,20,200,2015,2065,2000,25,20000 each of the joint collateral security.

B. Furthermore, the Plaintiff failed to pay the principal and interest of each of the above loans to the Plaintiff, and on May 2, 2014, the Plaintiff applied for voluntary auction on each of the instant land to Suwon District Court B with the claim claim for part of the above loans as part of the claim claim amount. The same month.

9. Voluntary decision to commence auction was made, and the registration of voluntary decision to commence auction was entered on the instant land on the 12th of the same month.