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(영문) 부산고등법원(창원) 2015.10.08 2014나2139

유치권부존재확인

Text

1. Of the part against Defendant A of the judgment of the first instance, the part concerning each of the real estate listed in Articles 5 through 9 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 2 billion to D, and completed the registration of the establishment of a mortgage over KRW 2,704,000 with respect to each real estate listed in the separate sheet owned by D (hereinafter referred to as “instant real estate”), including the real estate listed in paragraphs 2 through 11, on April 27, 2012, the Plaintiff completed the registration of the establishment of a mortgage over KRW 2,704,00,000 for the maximum debt amount as the creditor and D as the debtor, with respect to each real estate listed in the separate sheet owned by D (hereinafter referred to as “instant real estate”).

B. D, a creditor of D, failed to repay his/her debt, D applied for a compulsory auction on the instant real estate and received a decision to commence compulsory auction as Jinwon District Court Jinwon Branch E on November 12, 2012. On November 13, 2012, the decision to commence compulsory auction was completed on November 13, 2012.

C. The Plaintiff filed an auction to exercise security right to the instant real estate with D, and received voluntary decision to commence auction on March 6, 2013 (hereinafter “instant auction procedure”), and on the same day, the registration of the entry of the decision to commence auction was completed on the same day.

In the auction procedure of this case, the defendant A was "part of 3, 4, 5 stories of the "the building of this case" as stated in the separate list Nos. 5 through 11 from D around January 2013 and as stated in the separate list Nos. 5 through 11 from D.

In relation to Section B, "No. 102 of the building of this case" is "No. 102 of the building of this case as the lien holder who did not receive KRW 320,000,000 for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior, and the defendant B possessed the building of this case."

In the case of the interior interior interior interior interior decoration, 68 million won and 104 of the building of this case as stated in paragraph 3 of the attached Table.

In relation to this case, as the lien holder has not received construction cost of 24,50,000 won, the title of this case is occupied by 102 and 104.