유치권부존재확인 청구의 소
1. Claim for construction cost of KRW 135,113,00 for each building listed in the separate sheet shall be a secured claim.
1. Basic facts
A. On September 22, 2011, our bank (hereinafter “Korea bank”) set up a collateral security (hereinafter “instant collateral security”) with respect to each building listed in the separate sheet (hereinafter “each of the instant buildings”) registered in the name of B Co., Ltd. (hereinafter “B”) and the land of Yong-Namnam-gun C (hereinafter “instant land and each of the instant buildings”) with respect to the obligor’s ethylene and maximum debt amount of 1,260,000,000 (hereinafter “instant land and each of the instant buildings”).
B. The ethylene et al.
In the event that the repayment of principal and interest of the loans under Paragraph (1) is delayed, the Korean bank applied for the auction of real estate in D with respect to the instant land and each building based on the instant collateral security (hereinafter “instant auction”). On December 27, 2012, the instant auction commenced, and on December 28, 2012, the registration of the decision on voluntary auction was completed on the copy of the register of the instant land and each building.
C. On March 15, 2013, in the process of the instant voluntary auction procedure, our bank transferred the instant collateral security right and the secured debt thereof to the Yonhap Asset Management Co., Ltd., and the said company transferred the instant collateral security right and the secured debt again to the Plaintiff on March 28, 2013.
Accordingly, on March 29, 2013 and April 1, 2013, 2013, the bank notified Bosethyl of the transfer of each of the above assignment by mail, but returned all of them, the bank announced the transfer of each of the above assignment in two daily newspapers. D.
On March 11, 2013, the Defendant reported the right that the claim for construction price of KRW 135,113,000 for each of the instant buildings was the secured claim, and the specific details of the declaration are as follows.
Construction name: Construction works for replacing panels in B factory and branch offices, and the period of Hogst GIDR replacement works: October 21, 2010.