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(영문) 수원지방법원성남지원 2015.09.18 2015가합201479

유치권부존재확인의 소

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1. As to the real estate listed in the separate sheet, the right of retention and the defendant A’s 53,300,000 won as secured claim.

Reasons

1. Basic facts

A. C newly built multi-household housing on the ground of Gwangju City, and Defendant A is one of the stone construction works in the above construction works, and Defendant B is one of the aforementioned construction works.

According to the above construction, multi-household houses (hereinafter referred to as "multi-household houses") were constructed on the same ground, and registration of preservation of ownership in C was made.

B. On August 27, 2013, C completed the registration of creation of a mortgage over KRW 111,80,000 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) to secure a loan to the Plaintiff.

C.1) On February 15, 2013, Defendant A and Defendant A agreed to the effect that “When Defendant A first performs a multi-household housing stone construction at his own expense, C shall pay 1 bonds after completion of the building as a substitute and make mutual settlement among them.” (2) Defendant A agreed to pay 40 million won of the C and building construction cost after completion of the stone construction, and C completed the registration of transfer of ownership in Defendant A’s name with respect to 302 of multi-household housing pursuant to the above settlement agreement on December 27, 2013.

Defendant B filed a lawsuit against Defendant B for the registration of ownership transfer (hereinafter “related lawsuit”) at this court. On July 7, 2014, the aforementioned court rendered a ruling to the effect that “C shall enter and leave each of the above subparagraphs on July 21, 2014, and shall not raise an objection to Defendant B to move into the said subparagraphs, 202, 301, and 402 (the foregoing part of the principal amount out of the secured debt of the Plaintiff’s right to collateral security as to Nos. 102, 202, 301, and 402), and Defendant B shall pay KRW 60 million to Defendant B. The foregoing ruling to the effect that “C shall not raise an objection to Defendant B’s occupancy in the said subparagraphs on July 21, 2014” was finalized around that time.

E. As to the instant real estate, the court decided to commence the voluntary auction procedure at the Plaintiff’s request, and the auction of this case (hereinafter “instant auction”).