(영문) 부산지방법원 2015.10.08 2013가합20246

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(영문) 부산지방법원 2015.10.08 2013가합20246

유치권부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On August 28, 1997, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the real estate listed in the [Attachment List owned by the Free Construction Co., Ltd. (hereinafter “Free Construction”) (hereinafter “instant real estate”) on August 28, 199, under the receipt of the Busan District Court’s private registry office, the Plaintiff, the maximum debt amount of the Plaintiff, the maximum debt amount of 4.5 billion won, and the debtor’s free construction.

B. On July 22, 2008, the Plaintiff filed a lawsuit claiming indemnity against free construction, etc. against the Seoul Central District Court Decision 2007Da304672, which rendered a favorable judgment against the Plaintiff on July 22, 2008 that “free construction shall pay to the Plaintiff 5,395,619,746 won and 2,336,649,233 won per annum from August 9, 2007 to April 1, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

C. On July 11, 2013, the Plaintiff filed an application for a voluntary auction of the instant real estate based on the instant collateral security, and the decision of voluntary auction was rendered by Busan District Court B (hereinafter “instant auction procedure”), and on the same day, the registration of the entry of the decision of voluntary auction (hereinafter “registration of the instant seizure”) was made on the same day.

On September 23, 2013, the Defendant filed a lien report to the effect that there exists a lien to secure the construction cost claim of KRW 290,192,772 (No. 1-27) of the instant real estate at an auction court for the auction of the instant auction procedure.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3 (each number is included) and assertion of the parties to the whole pleadings

A. The gist of the Plaintiff’s assertion is that the right of retention claimed by the Defendant does not exist, as well as that of the Defendant.

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