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(영문) 의정부지방법원고양지원 2016.09.02 2015가합75162

유치권부존재 확인

Text

1. As to each real estate listed in the separate sheet, the defendant who takes claims of KRW 47,767,873,062 as secured claims.

Reasons

1. Facts of recognition;

A. On December 2, 2004, the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) acquired a collateral security by completing the registration of creation of a mortgage on each real estate listed in the separate sheet (hereinafter “each building of this case”) with respect to each real estate listed in the separate sheet (the ownership registration was made as owned by Lone Star C&C Co., Ltd. on September 22, 2004; hereinafter “each building of this case”).

In addition, on December 2, 2004, the Korea Savings Bank Co., Ltd., the Promotion Savings Bank Co., Ltd., the Gyeonggi Savings Bank Co., Ltd., the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Promotion Savings Bank, and the Korea Savings Bank Co., Ltd., Ltd. (hereinafter “the Savings Bank,” and the three company companies of the Gyeonggi Savings Bank, etc. in the case of the instant building, respectively, shall complete the registration of establishment of each of the instant buildings with KRW 21.4 billion, the maximum debt amount, KRW 17.5 billion, and KRW 5.7 billion. On January 31, 201, each of the above collateral security and its secured claims shall be transferred to the urban and rural persons, respectively, and each of the above collateral security and its secured claims shall be established on the same day, and their registration shall be completed.

B. On August 31, 2012, the Korea Savings Bank was declared bankrupt on May 20, 2013 for the Korea Savings Bank, April 30, 2013 for the Korea Savings Bank, and May 20, 2013 for the Korea Savings Bank was declared bankrupt on November 1, 2013, and the Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee of the said bankrupt.

(c) continue to indicate the above bankrupt in the name before the bankruptcy.

After that, the Korea Deposit Insurance Corporation (hereinafter “instant auction”) filed an application for voluntary auction on each of the instant buildings (hereinafter “instant auction”), and the decision to commence voluntary auction was made on January 13, 2015 by the court. D.

In the auction procedure of this case, Defendant Darh Construction Co., Ltd (hereinafter “Defendant Darh Construction”) on April 1, 2015, with respect to Lone Star Co., Ltd, the owner of each building of this case, the claim for construction cost as to each building of this case 47,767.