유치권부존재확인
1. It is confirmed that the defendant's lien as to the real estate stated in the annex does not exist.
2. The costs of lawsuit shall be.
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 4, taking into account the whole purport of the pleadings:
The building attached thereto (hereinafter referred to as the “instant building”) and the building attached thereto (hereinafter referred to as the “instant building”) in 1,059 square meters in ASEAN-si, Asan-si (hereinafter referred to as “the instant land”) were owned by C.
C had operated accommodation business with the trade name “DMoel” in the instant building.
B. The National Bank, Inc., a creditor, and the mortgagee of the instant land and building (the maximum bond amount of KRW 2,400,000,000), filed an application for voluntary auction of real estate in Daejeon District Court support E with respect to the instant land and building, and accordingly, the decision to commence voluntary auction was rendered on January 4, 2012.
In the above voluntary auction procedure, on March 14, 2013, F acquired ownership by winning a successful bid for the instant land and buildings, and thereafter sold it to Korea Trade Co., Ltd. on April 29, 2013 (hereinafter referred to as “this Agreement”). This Agreement completed the registration of ownership transfer with respect to the instant land and buildings as the receipt of No. 34705 on June 10, 2013 by the Daejeon District Court Decision 34705.
C. On June 10, 2013, this Agreement entered into a mortgage agreement with the Industrial Bank of Korea on the instant land and buildings at KRW 1,920,00,000 with respect to the said land and buildings, and accordingly, the Daejeon District Court completed the registration of the establishment of a mortgage under the title of Article 34708-1, which was received on June 10, 2013 by the ASEAN Branch of the Daejeon District Court.
(hereinafter, the above collateral security acquired by the Industrial Bank of Korea is referred to as the “instant collateral security”).
The Bank applied for voluntary auction of G real estate in the Daejeon District Court for the instant land and building at KRW 1,600,000,000 for the enforcement of the instant right to collateral security on May 19, 2014, and decided to commence voluntary auction on May 20, 2014.
E. The plaintiff.