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(영문) 광주고등법원(전주) 2014.09.04 2013나4109

유치권부존재확인 청구의소

Text

1. Revocation of the first instance judgment.

2. As to the auction of the B real estate in the Jeonju District Court Branch B.

Reasons

1. Basic facts

A. C on August 22, 2008, completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On April 13, 2010, Sma Savings Bank (hereinafter “Sma Savings Bank”) completed the registration of creation of a right to collateral security with respect to the instant building at issue, changing the maximum debt amount to KRW 1,885,00,000 on May 2, 201.

C. On March 21, 2013, the Swiss Savings Bank applied for voluntary auction to the Jeonju District Court Gunsan Branch B with respect to the instant building on March 21, 2013, and the auction procedure was commenced on March 22, 2013.

(hereinafter “instant auction procedure”). D.

On June 5, 2013, the Defendant reported a right as a lien holder with the content that “the construction contractor who built the instant building, who did not receive construction cost of KRW 200 million, occupies the second floor of the instant building,” which is in progress with the instant auction procedure.

E. On April 29, 2014, the Swiss Savings Bank was declared bankrupt by Seoul Central Court 2014Hahap53, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The instant building that the Plaintiff asserted is a case construction company and a case construction company (hereinafter “ excessive case construction”).

It is merely a construction that the Defendant did not execute the construction, and even if he did not execute the construction of the instant building, C is merely employed by the head of the site office or a person in charge of the role corresponding thereto while directly constructing the instant building, and it cannot be deemed that the Defendant performed the construction independently by being awarded a contract.

Ultimately, the defendant is against C.