beta
(영문) 창원지방법원마산지원 2019.10.23 2019가합100011

유치권 부존재 확인

Text

1. It is confirmed that the Defendants’ lien does not exist with respect to real estate listed in the separate sheet.

2...

Reasons

Facts of recognition

With respect to each real estate listed in the separate list owned by P Co., Ltd. (hereinafter “Co., Ltd.”) (hereinafter “instant real estate”), the Plaintiff completed the registration of creation of mortgage (No. 991, Mar. 13, 2017, the Plaintiff, the mortgagee, and the maximum debt amount) around the 1.50 million won (No. 991, Mar. 13, 2017, the Changwon District Court Decision 201, Jul. 10, 2017) with respect to each real estate listed in the separate list owned by P Co., Ltd. (hereinafter “Co.”). On March 10, 2017, the Plaintiff completed the registration of creation of mortgage (No. 30892, Jul. 10, 2017, the Plaintiff, the mortgagee, and the maximum debt amount) around 75 million won.

On April 24, 2018, the Plaintiff filed an application for commencement of voluntary auction on the instant real estate based on the instant right to collateral security, and received a voluntary decision on commencement of auction (hereinafter the instant decision on commencement of auction was referred to as “instant decision on commencement of auction,” and the registration of the entry of the decision on commencement of auction was completed on the same day on the same day.

In the auction procedure of this case, the Defendants reported the lien with the following contents.

(3) On December 12, 2018, the Defendants reported on the lien (won) 1 B 35,590,00 tin 2 C 195,00,00 electrical construction works on October 2, 2018; 4 E 6,938,910 building materials for construction work on December 4, 2018; 6,938; 930,930,831 building materials for construction work on December 14, 2018; 106,930,930,831 building materials for construction work on December 14, 2018; 20. 1. 1. 30,06, 20, 106, 200, 30,01, 30,01, 10,01, 30,01, 204, 108, 204, 2018.