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(영문) 광주지방법원 2017.09.22 2016가합59404

유치권부존재확인의 소

Text

1. As to each real estate listed in the separate sheet No. 1 and each machinery and equipment listed in the separate sheet No. 2, the Defendants’ lien shall be granted.

Reasons

1. Basic facts

A. The Plaintiff’s claim and collateral security (1) concluded a loan agreement with C on August 8, 2014, and loaned KRW 240,000,000.

(2) On August 7, 2014, the Plaintiff entered into a mortgage contract with respect to each of the instant real estate listed in the separate sheet Nos. 1 attached hereto (hereinafter “each of the instant real estate”) located in the fisheries company D, the representative director of which, and each of the instant real estate listed in the separate sheet Nos. 3 (hereinafter “each of the instant real estate”) as indicated in the separate sheet No. 1 attached hereto (hereinafter “each of the instant real estate”). The Plaintiff entered into a mortgage contract with a maximum claim amount of 312,00,000,000 (hereinafter “each of the instant real estate, etc.”) with respect to each of the instant real estate and the instant machinery and appliances together with each of the instant real estate, and entered into a mortgage contract with respect to each of the instant real estate under Article 6 of the Mortgage Act (No. 840, Aug. 7, 2014).

B. On May 3, 2016, upon the Plaintiff’s application, the voluntary auction procedure regarding each of the instant real estate and the Defendants’ right of retention (1) on May 3, 2016, the order to commence the auction of real estate was issued on the grounds that the court rendered a decision to commence the auction of the real estate in the instant case E, and the registration was completed

(2) On July 25, 2016, Defendant A filed a lien on the instant auction procedure, asserting that “A had a lien on the claim for construction price of KRW 53,200,000,00, out of the construction cost of KRW 66,000,000, did not receive KRW 53,200,000 among the construction cost of each of the instant buildings, and each of the instant real estate, etc. was possessed.” As such, Defendant A filed a lien on the instant auction procedure by asserting that “A has a lien on the claim for construction cost of KRW 53,20,000 as the secured claim”.

(3) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the instant building and the instant building around July 22, 2016, as well as around April 2014.