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(영문) 대전지방법원 2015.06.19 2014나108346

유치권부존재확인

Text

1. Revocation of the first instance judgment.

2. There is no defendant's lien for each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. G newly constructed each of the buildings listed in paragraphs 2 and 7 of the Attached List Nos. 1 and 5 (hereinafter “instant building”) on each of the lands listed in the Attached List Nos. 1 and 5. On January 8, 2011, G completed registration of initial ownership in its name on January 27, 201 after obtaining approval for use on each of the buildings listed in paragraph 7 of the Attached List No. 7.

B. On May 11, 2011, the net H (Death around October 2012) set forth in Annex B, in the name of B, has completed the registration of transfer of ownership in the name of B on June 23, 201, and completed the registration of transfer of ownership in the name of B on each of the lands listed in the separate sheet Nos. 1, 3 through 6 (hereinafter “instant land”). After the purchase of the instant land and the instant building, including the instant land and the instant building, on May 18, 201, with respect to the land listed in Annex No. 5 of the separate sheet Nos. 1, 3, 4, and 6 as to the buildings listed in the separate sheet No. 1, 2011, and completed the registration of transfer of ownership in the name of B on July 29, 201, and on the buildings listed in Annex No. 2 under the name of B on August 4, 2011.

C. On June 10, 201, the Plaintiff Korea Light Credit Union (hereinafter “Plaintiff Light Credit Union”) completed the registration of creation of a neighboring mortgage with the obligor B, the maximum debt amount of KRW 330,410,000,000,000, as stated in the [Attachment List Nos. 5 and 7] on June 10, 201. On August 16, 2011, the Plaintiff completed the additional registration of additional collateral security with the content of adding the land specified in the [Attachment List No. 6] to the joint collateral of the said right.

Plaintiff

On September 28, 2011, the Sejong Livestock Industry Cooperatives (Gu's trade name: hereinafter referred to as the "Plaintiff Sejong Livestock Industry Cooperatives") completed the registration of creation of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 325 million as to each real estate stated in the attached list Nos. 1 through 4.

E. As the owner of the instant real estate and the obligor B, the Plaintiffs, were unable to repay their debts, the Plaintiffs filed an application for voluntary auction with the Daejeon District Court, and Plaintiff Sejong District Court, on July 19, 2013.