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(영문) 춘천지방법원 원주지원 2017.02.14 2015가단36364
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to the real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On January 16, 2014, the Plaintiffs completed the registration of the establishment of a neighboring mortgage with the debtor at F and the maximum debt amount of KRW 560 million with respect to the debtor with respect to the land G (hereinafter “instant land”) and the 16 households of H lending on the land owned by the F, the Han-si (hereinafter “instant land”) and the 16 households of H lending on the ground.

B. On February 11, 2014, F entered into a construction contract (hereinafter “instant contract”) with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on two and 16 households, HHDD 16 (hereinafter “instant loan”) on the instant land (hereinafter “instant loan”).

C. The Defendant Company completed the instant construction on August 2014, and obtained approval for the use of the instant loan on August 27, 2014.

On December 1, 2014, the F’s application for commencement of compulsory auction by the F’s creditor of the instant land and the instant land, and seven members of KDD (L, M, N,O, P, Q, R, each of the real estate listed in the separate sheet, hereinafter “each of the instant real estate”) and six members of L, M, N,O, P, and R (L, M, N, P, and R) of the instant loan were issued a decision to commence compulsory auction by official auction on the real estate owned by F.

On December 2, 2014, the defendant company reported the right of retention, which covers the claim for construction cost of KRW 682 million in the above auction procedure, as the preserved claim.

E. On January 29, 2015, the Plaintiffs, who are the right to collateral security, applied for voluntary auction commencement, rendered a voluntary decision to commence the auction on 16 real estates, including each of the instant real estate, to the court T.

On August 24, 2015, Defendant Company reported the right of retention with respect to the 16 generation of the loan of this case, with the claim for the construction cost of KRW 682 million as the preserved claim, at the above auction procedure.

F. Around February 2015, F and Defendant Company entered into an accord and satisfaction agreement with respect to the ownership of the instant 8 generation, instead of the payment of the Defendant Company’s claim for construction cost. Since then, Defendant Company entered into an accord and satisfaction agreement with respect to the instant 8 generation, Defendant Company around February 2015.

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