유치권부존재확인
1. It is confirmed that each real estate listed in the separate list of the Defendants does not exist any lien.
2...
1. 20% per annum on August 29, 2008, the interest rate on loans (won) at the expiration date of the extension period of the lending date of basic facts loans, the interest rate for delay loan of 1,100,000 annual 125% per annum on February 28, 2009, and 20% per annum on August 29, 2008. < Amended by Presidential Decree No. 20650, Feb. 28, 2009; Presidential Decree No. 2000, Feb. 20, 2000,000>
A. The Pakistan Savings Bank Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) concluded a credit transaction agreement with E as listed below, and lent the following money to E:
B. F guaranteed the said E’s obligation to the Pacific Savings Bank within the limit of KRW 1.69 billion, and concluded a collateral security agreement with a view to securing the said security deposit with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in the name of the Pacific Savings Bank to set up a collateral security agreement with a maximum debt amount of KRW 1.69 billion in the name of the Pacific Savings Bank.
C. Pursuant to the aforementioned mortgage contract, the Pakistan Savings Bank completed the establishment registration of mortgage on each real estate of the instant case by the Ulsan District Court No. 88205, Sept. 2, 2008, which was received on September 2, 2008.
Since then, E failed to repay the principal and interest of loan under the above credit transaction agreement, the Pakistan Savings Bank applied for a voluntary auction of real estate concerning each of the instant real estate to the Ulsan District Court based on the above collateral security, and on August 4, 2010, this court G commenced the voluntary auction procedure (hereinafter “instant voluntary auction procedure”) and on August 6, 2010, registered the entry of the decision on voluntary auction of each of the instant real estate.
E. During the instant voluntary auction procedure, the Defendants reported to the effect that a lien on each of the instant real estate exists with respect to the Defendants by taking KRW 1,016,390,000 against F as the secured claim on March 21, 2011.
F. Meanwhile, on December 28, 201, Article 14(2) and (4) of the Act on the Structural Improvement of the Financial Industry, and Article 24-2 of the Mutual Savings Banks Act.