유치권부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Between November 3, 2005 and January 11, 2012, Estetrac Co., Ltd. (hereinafter “Estetrac”) obtained loans from the Korea Development Bank (hereinafter “Industrial Bank”) several times from the Korea Development Bank during the period from November 3, 2005 to January 11, 2012, and completed the registration of establishment of each of the maximum debt amounts equivalent to the sum of 12.5 billion won in addition to the maximum debt amount in the name of the Industrial Bank in the case of Gwangju-si factory site and D factory site 722m2 and D factory site 5,003m2 (hereinafter “instant land”).
B. On November 27, 2012, the registration of the entry of the decision to commence compulsory auction was completed on the instant land and the instant ground factory buildings, Sungwon District Court Sung-nam Branch E, and thereafter, on May 6, 2013, the Industrial Bank applied for voluntary auction on the basis of each of the above collective security rights and applied for a voluntary auction on May 6, 2013, and the decision of voluntary auction was rendered on May 7, 2013 to Suwon District Court Sung-nam Branch Branch F.
(hereinafter referred to as “instant auction procedure.” The said application for compulsory auction was dismissed on June 7, 2013.
In the instant auction procedure, the building indicated in the attached list (hereinafter “instant building”) adjacent to the instant factory building was included in the object of auction as “non-marketed building”. On January 21, 2013, when the instant auction procedure was in progress, the Defendant asserted that the instant building is the lien holder who claims the construction price claim of KRW 528,000,000 as the secured claim, and filed a report on its rights.
On June 2013, the Industrial Bank transferred the above-mortgage loans to a limited liability company specializing in Gabble-backed securitization. A limited liability company specializing in Gabble-backed securitization transferred the above-mortgage loans to the Plaintiff around August 2014. Accordingly, the registration of establishment of the above-mortgage loans in the name of the Industrial Bank was completed through a limited liability company specializing in Gabble-backed securitization in the name of the Plaintiff.
[Reasons for Recognition] There is no dispute;