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(영문) 광주고등법원(전주) 2015.06.18 2014나807

유치권부존재확인

Text

1. Revocation of a judgment of the first instance;

2. As to the real estate listed in the separate sheet, Defendant two-day co-help system.

Reasons

1. Facts of recognition;

A. On November 27, 2006, our bank (hereinafter “Korea bank”) completed the registration of the establishment of a neighboring mortgage with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 27, 2006, and only the real estate listed in the separate sheet Nos. 1 through 3, which is a part of them, (hereinafter “instant land”; and when specifying only the real estate listed in paragraph (4) of the same list, only the maximum debt amount is 6,00,000,000, and the debtor H.

(hereinafter “instant collateral security”). B.

The Korean bank applied for the commencement of voluntary auction on the instant real estate based on the instant collateral security, and on July 3, 2012, the former District Court rendered a decision to commence voluntary auction on July 3, 2012, and the registration of the entry was completed. Accordingly, the voluntary auction procedure on the instant real estate was commenced.

(hereinafter “instant auction procedure” No. 572,126,50,126,50 won for the supply of the air-conditioning equipment and appliances 2 B 148,400,400 won for the supply of the air-conditioning equipment and appliances 148,400,000 won for the supply of the air-conditioning equipment and appliances 325,710,000 won for 325,710,000 won for the underground-going telecommunications equipment and appliances 325,710,000 won for 425,710,000 won for 425,793,793,000 won for 14,793,000 won for the payment of the construction cost for the Defendant’s construction work, and for 5 G Puit Corporation 203,398,000 won for 203,398,000 won for 5 Guit Corporation.

C. On August 6, 2012, the Defendants, as interested parties at the instant auction procedure, filed a lien report with respect to each of the instant construction claims as secured claims, and submitted a lien change report as indicated below on the 24th of the same month.

Meanwhile, as an asset-backed specialized company established under the Asset-Backed Securitization Act, the Plaintiff succeeded to the status of the instant auction procedure by taking over the instant collateral-backed claims from our bank.

【Fact-finding without dispute over the basis of recognition, entry of Gap evidence 1 through 3, and the purport of the whole pleadings.