유치권부존재확인의 소
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's lawsuit of this case against the defendant is dismissed.
1. Facts of recognition;
A. The Industrial Bank of Korea completed the registration of creation of a collateral security (hereinafter “registration of creation of a collateral security”) with respect to each real estate listed in the separate list of C owned by C (hereinafter “each real estate of this case”) in order to secure the claim for loans against C Co., Ltd. (hereinafter “C”).
B. Since then C was unable to repay the above loans, the Industrial Bank of Korea applied for a voluntary auction on each of the instant real estate based on the aforementioned collateral security right with the Suwon District Court D, and received a decision to commence voluntary auction from the above court on June 15, 2012, and completed the registration of the entries on each of the instant real estate. The instant case was conducted in combination with the Suwon District Court E District Court E’s compulsory auction on each of the instant real estate as of May 22, 2012, which received a decision to commence compulsory auction (hereinafter “instant auction”).
C. In the instant auction procedure, on August 6, 2012, the Defendant reported a lien to the effect that the Defendant acquired a lien equivalent to KRW 1,008,913,972 as the secured claim on each of the instant real estate at the above court. D.
During the instant auction procedure, the Plaintiff acquired the claim for loans from the Industrial Bank of Korea to C, and succeeded to the creditor status in the instant auction procedure, and the Defendant was divided into F Co., Ltd. (hereinafter “F”) and the Defendant around October 22, 2014, and a corporation succeeding to the status of the reporting person of the lien is the Defendant.
E. On February 25, 2016, the auction court decided to grant permission for the sale to F, the highest bidder for each of the instant real estate, and F completed the registration of ownership transfer regarding each of the instant real estate on March 31, 2016. The distribution was completed on the date of distribution on May 16, 2016.
Meanwhile, according to the sale by auction of the instant case, the registration of the establishment of the instant right to collateral security was made on March 31, 2016.