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(영문) 서울고등법원 2019.10.04 2019나2021161

유치권 부존재 확인

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The ownership relationship of each real estate listed in the separate sheet No. 1) E is the real estate listed in the separate sheet No. 1 of April 25, 2008 (hereinafter “instant land”).

(3) Each of the real estates listed in [Attachment List] paragraphs (2) through (7) (hereinafter “instant building”) on March 7, 201, after completing the registration of ownership transfer as to the registration of ownership transfer.

2) F purchased the instant land and buildings from E on May 25, 2012 and completed the registration of ownership transfer on June 8, 2012.

B. On December 4, 2012, G Union completed the registration of the establishment of a neighboring mortgage on the instant land and buildings (1) G Union on December 4, 2012, with respect to the instant land and buildings, with the debtor H and the maximum debt amount of KRW 1.3 billion. (2) G Union filed an application for the auction of real estate on the instant land and buildings (hereinafter “instant auction”) with the Republic of Korea District Court senior support I based on the foregoing right to collateral security, and the said court rendered a decision of commencement of auction on April 13, 2017 and completed the registration of the entry of the decision of commencement of auction on the same day.

3) On December 28, 2017, the Plaintiff acquired the secured debt of the said right to collateral security from G Cooperatives, and completed the additional registration prior to the said right to collateral security on January 23, 2018, and filed a report on the creditor’s change at the instant auction procedure on February 6, 2018. (C) On April 12, 2018, the Defendant B Co., Ltd. (hereinafter “Defendant B”) reported the lien on the ground that the steel frame construction among the construction works for the new construction of a factory on the instant land from November 2008 to August 2010 had the claim for construction payment.

2) On April 12, 2018, Defendant C reported a lien on the ground that the instant land and building had a claim for construction cost by continuing packing works and appurtenant works from June 20, 2012 to July 5, 2012. [Grounds for recognition] fact that there is no dispute, Party C’s evidence Nos. 3 through 5 (provisional number number), and the purport of the entire pleadings and arguments.

2. The parties’ assertion.