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(영문) 서울중앙지방법원 2015.06.24 2014가합553783

유치권부존재확인

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1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. The National Federation of Fisheries Cooperatives (hereinafter referred to as the “Cooperative”) completed the registration of creation of a mortgage on the land indicated in paragraph (1) of the attached Table owned by C (hereinafter referred to as the “instant land”) on January 23, 2009, September 30, 2009, and December 31, 2010, with respect to each of the instant churches, the maximum debt amount of KRW 637,00,000, 650,000, 235,200, 2300,000, with respect to each of the instant churches, and the land indicated in paragraph (2) of the same Table owned by each of the instant churches (hereinafter referred to as the “instant church”). < Amended by Presidential Decree No. 17406, Nov. 22, 2010; Presidential Decree No. 17408, Sep. 30, 209; Presidential Decree No. 17500, Mar. 16, 2007>

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”). B

As the instant church failed to repay each of the above loans to the Suhyup, on March 14, 2013, the Suhyup filed an application for voluntary auction of the instant land and buildings (hereinafter collectively referred to as the “instant real estate”) with the Incheon District Court D on the basis of each of the instant collective security rights, and the said court decided to commence the auction following the following day, and on the same day, the entry registration was completed.

(hereinafter “instant auction procedure”). C.

The Plaintiff, as an asset-backed specialized company established under the Asset-Backed Securitization Act, acquired the claim for loans from the Suwon to each of the instant churches, notified the instant church of the acquisition of each of the instant credits, and registered the acquisition of each of the instant credits with the Financial Services Commission. On June 5, 2013, the Plaintiff reported the creditors to the said auction court on the instant auction procedure.

The Defendant (hereinafter “Defendant”) was an interested party at the auction procedure of this case on November 11, 2013, and is equivalent to KRW 426,019,00 regarding the building of this case.