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(영문) 창원지방법원진주지원 2017.05.11 2016가합11861
유치권부존재확인
Text

1. Claim for the construction cost of KRW 355,00,000 as the secured claim for each real property listed in the separate sheet.

Reasons

1. Basic facts

A. As to the real estate stated in paragraph (1) of the attached list, on March 30, 2012, the maximum debt amount of KRW 2.288 billion was set, the debtor corporation, the Telecommunications Commission, and the Busan Bank, the maximum debt amount of KRW 2.4 billion on July 16, 2012, the debtor company, the debtor company, the Busan Bank, the secured debt amount of KRW 60 million on November 30, 2012, the debtor company, the secured debt amount of KRW 600 million on the said company, the secured debt amount of the Busan Bank, and the secured debt amount of Busan Bank was set up on November 23, 2012, and on October 17, 2013, each of the real estate listed in the attached list 2 and 3 was added as joint collateral of each of the above secured debt.

B. On April 9, 2012, the Korea Credit Guarantee Fund paid KRW 367,749,369 to the Busan Bank on behalf of the Pakistan, Inc.

After receiving a part of the right to collateral security with the maximum debt amount of KRW 2280 million as stated in the paragraph, the Changwon District Court filed an application for voluntary auction with Jinwon Branch A with regard to each real estate listed in the separate sheet and completed the registration of the decision on commencement of auction on June 2, 2015.

Busan Bank also filed an application for voluntary auction to Jinwon District Court Jinwon Branch B with respect to each of the above real estate, and accordingly the registration of the decision to commence auction was completed on June 15, 2015.

C. On August 3, 2015, the Plaintiff acquired a claim against the Telecommunications Commission, Inc., Busan Bank, and the Plaintiff acquired the claim.

B. Of each right to collateral security described in the paragraph

The remainder, other than the part transferred to the Credit Guarantee Fund as described in paragraph (d) was transferred.

The defendant on August 10, 2015 Na.

The lien was reported with the interest of KRW 355 million and interest calculated at the rate of 20% per annum from November 10, 2012 to the date of full payment during the auction procedure set forth in paragraph (1) as the secured claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion does not possess each real estate listed in the separate sheet, and even if possessed, the defendant is in possession.

The point at which the possession is commenced is above.

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