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(영문) 광주지방법원 2014.05.15 2013가합10118

유치권부존재확인

Text

1. The defendant's attached Form

1. It is confirmed that no lien exists with respect to the real estate stated in the list;

2...

Reasons

1. Basic facts

A. Registration relation (1) to the building, etc. of this case

1. The real estate indicated in the list (hereinafter “instant building”) is owned by the new industry (hereinafter “new industry”).

(2) The National Federation of Fisheries Cooperatives (hereinafter referred to as the “NFC”) as a creditor of the new industry, completed the registration of creation of a mortgage over the first priority priority of maximum debt amount of KRW 1.3 billion on December 28, 2006 with the instant building and its site (hereinafter referred to as the “instant building, site, etc.”) as a joint collateral for the instant building and its site (hereinafter referred to as the “instant building and site, etc.”), and completed the registration of creation of a mortgage over the second priority of the maximum debt amount of KRW 1.3 billion on the same day as a creditor of the new industry, the Plaintiff (a previous trade name and indication on the registry before the alteration: Gwangju Community Credit Cooperatives), as a creditor of the new industry, completed the registration of creation of a mortgage over the second priority of KRW 1.04 billion with the maximum debt amount of KRW 1.0 million on the instant building

B. (1) On January 3, 2013, when entering into an agreement on debt acquisition with respect to the obligation of KRW 1 billion to NFFE, such as the assumption of the obligation of the EF EM (hereinafter referred to as “EM”) and NFF, the NFF entered into on January 3, 2013, with respect to the assumption of obligation to acquire the obligation of the loan to NFC, the first right to collateral security of NFC on the building, site, etc. of this case was entered into with the agreement to continuously maintain the EF by changing the EF to the debtor. Accordingly, on January 3, 2013, NFF entered into the registration of change in the name of the debtor

(2) At the time of the above assumption of the obligation, the Defendant, along with the representative G of the E-Research Institute, prepared and awarded to NFF a collateral guarantee of KRW 1.3 billion to E-Research.

C. (1) NFC, on April 4, 2013, filed an application for voluntary auction based on the first right to collateral security (hereinafter “instant auction procedure”) against the instant building, site, etc. with the Gwangju District Court H on April 4, 2013, and from the Gwangju District Court on April 4, 2013.