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(영문) 광주지방법원순천지원 2017.09.20 2016가합10729

유치권부존재확인

Text

1. The right of retention on the real estate stated in the attached list shall be the right of retention on the defendant tek and ethyl river.

Reasons

1. Basic facts

A. On March 15, 2013, the Namwon Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”) completed the registration of the establishment of each of the instant buildings under the Gwangju District Court’s net support registration and No. 11151 and No. 11152, Mar. 15, 2013, respectively. On April 10, 2015, at the request of the Namwon Agricultural Cooperatives, the auction procedure was initiated to the Gwangju District Court’s Netcheon Branch B with respect to the instant building.

B. The Defendants asserted that they are the lien holders in the above auction procedure and reported their rights.

C. On December 17, 2015, the Plaintiff acquired the secured debt of each of the above secured debt from the Namwon Agricultural Cooperatives, and completed the supplementary registration of each of the secured debt prior to the transfer of each right to collateral on January 19, 2016.

【Ground for Recognition: Evidence No. 1-7 and the whole purport of the pleading】

2. A request for ethyl steel;

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the Plaintiff, Defendant Doing Co., Ltd. (hereinafter “Wingk”).

) and ethyl steel (hereinafter referred to as ethyl steel)

(2) The secured claim of the right of retention as claimed by the above may not be recognized as the relation between the instant building and the instant construction work for golf practice equipment installed in the golf practice range located in the fourth and fifth floor of the instant building, and since the above Defendants did not occupy the instant building and prepared a letter of intent to waive the right of retention of the instant building, the above Defendants asserted that there is no right of retention of the said Defendants. (2) The summary of Defendant Wingk, Wingk, Cingk, Cingk and Cingethic steel, currently, they claim that the said Defendants exercised the right of retention while staying in the office of the fifth floor of the instant building.

B. Although judgment 1-related statutory lien is a statutory security right, the special agreement that waives it is merely a means of collateral security for the creditor’s interest protection is valid, and it is different when the lien is waived in advance.