유치권부존재확인 청구의 소
1. As to each real estate listed in the separate sheet, it is confirmed that each of the Defendants’ respective lien does not exist.
2...
1. Basic facts
A. In order to secure loan claims against H (a) the Korean bank (hereinafter “Korea bank”) completed the registration of creation of a mortgage on each of the real estates listed in the attached list owned by H (hereinafter “each of the instant real estates”) on July 24, 2008, with respect to the maximum debt amount of KRW 240,000,000 and KRW 780,000,000,000,000, the mortgagee as Korean bank, and the mortgagee as the mortgagee’s bank on May 26, 2009, with regard to the establishment of a mortgage on each of the instant real estates as the mortgagee’s bank.
B. Based on each of the above collateral security (hereinafter “each of the instant collateral security”), the Korean bank filed an application for auction to exercise the judicial security right to the instant real estate with respect to each of the instant real estate, and the court rendered a decision to commence auction on January 14, 2013, and the record was completed on the same day.
(hereinafter “instant auction”). C.
1) Around March 15, 2013, the above loan claims against H of the Bank, which is the secured claim of the instant right to collateral security, were transferred in sequence from the Bank to the Yonhap Asset Management Co., Ltd., and around March 28, 2013 to the Plaintiff subject to the Asset-Backed Securitization Act in the Yonhap Asset Management Co., Ltd. Around April 8, 2013. The above transfer of claims was publicly announced in daily newspapers pursuant to the proviso to Article 7(1) of the Asset-Backed Securitization Act, around April 8, 2013. (2) On March 28, 2013, the Plaintiff acquired each of the instant collateral security claims pursuant to Article 8 of the same Act by registering with the Financial Services Commission that the secured claim of each of the instant collateral security claims was acquired, etc.
In the instant auction procedure, on June 10, 2013, Defendants B, C, D, E, and G had the claim for the construction cost of KRW 80,568,00 in relation to the civil engineering works on each of the instant real estate; Defendant C had the claim for the construction cost of KRW 40,000 in the amount of KRW 9,172,534 in the amount of KRW 9,172,534 in the amount of KRW 528,00 in the amount of KRW 5,397,00 in the amount of KRW 5,397,00 in the amount of KRW.