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(영문) 수원지방법원 2015.02.06 2013가합28882

유치권부존재확인

Text

1. As to each real estate listed in the separate sheet, the lien of the defendant (appointed party) and the designated parties shall be all applicable.

Reasons

1. Basic facts

A. In order to secure loan claims against E.S. Co., Ltd. (hereinafter “Korea bank”), each debtor completed the registration of creation of a mortgage on November 12, 2010 each of the real estate listed in Articles 1 through 7, 15 through 73 of the [Attachment List No. 152,936 shares of E. 7,566 shares of E. 15, 8 through 14, and 74 shares of E. 33,442 shares of E. 1,96 shares of each of the real estate listed in the Schedule No. 8 through 14, and 75 through 77 of the same List No. 74 shares of E. 1, 200 won owned by E. (hereinafter “each of the above real estate”).

B. On the basis of each of the above collective security rights, the Korean bank filed a request for auction to exercise A's security rights to each of the instant real estate, and this court rendered a decision to commence auction on June 27, 2012, and the entry registration was completed on the same day.

(hereinafter “instant auction”). C.

1) The above loan claims against E&A of the Bank were transferred in sequence from the Bank to the Republic of Korea to the Plaintiff subject to the Asset-Backed Securitization Act in Korea on August 30, 2012. The above transfer of claims was publicly announced in a daily newspaper pursuant to the proviso to Article 7(1) of the Asset-Backed Securitization Act on September 17, 2012. (2) On September 13, 2012, the Plaintiff acquired each of the above collateral security claims (hereinafter “instant collateral security claims”) of the Bank against each of the instant real estate (hereinafter “instant collateral security claims”) in accordance with Article 8 of the same Act by registering with the Financial Services Commission that acquired the claim secured by each of the above collateral security claims in accordance with Article 6 of the same Act on September 13, 2012.

[Ground of recognition] Evidence Nos. 1-1 to 77, Evidence Nos. 2 through 4, 6, and 7, and the purport of the whole pleadings

2. Whether the defendant, etc. has a lien;

(a)a party’s assertion 1.