유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Basic facts
A. On February 23, 2009, the Defendant concluded a contract with A for construction cost of KRW 5,808,000,000 for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) around October 2009.
A has completed registration of ownership preservation on November 5, 2009 with respect to each real estate of this case.
B. On December 28, 2009, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) loaned KRW 2,950,000 to the Defendant, and completed the registration of establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) with respect to each of the instant real estate as security for the above loan claims, etc. as of December 24, 2009.
C. Upon receipt of the above loan, the Defendant prepared a written confirmation of the following contents (hereinafter “instant confirmation”) along with the above written statement of the construction contract in Daejeon Mutual Savings Bank:
The Defendant, as each of the instant real estate construction works offered as security for Daejeon Mutual Savings Bank, confirms that there is no unpaid construction costs related to subcontractors, and that there is no lien on the real estate as a result of the full payment of construction costs, and undertakes to assume all civil and criminal responsibilities at the time of occurrence of problems related to lien and construction costs.
On September 5, 2011, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Services Commission decided to transfer a contract related to financial transactions, such as deposit loans, of Daejeon Mutual Savings Bank to Doe Savings Bank (hereinafter “Doeman Savings Bank”), and accordingly, the Doein Savings Bank succeeded to the rights and obligations of Daejeon Mutual Savings Bank’s Defendant, etc. based on the contract relationship described in the above sub-paragraph (b).
As a subsequent procedure, the Suwon District Court with respect to the instant collateral security.