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(영문) 대전지방법원 2017.11.29 2016가합106258
유치권부존재확인 청구의 소
Text

1. The plaintiff's lawsuit shall be dismissed.

2. A building indicated in attached Table 2 between the Plaintiff’s successor intervenor and the Defendant.

Reasons

1. Basic facts

A. On April 18, 2008, the new coal-raising agricultural cooperative entered in the separate sheet list A and A (hereinafter “each real estate of this case”, and the buildings listed in paragraph (2) of the same list as “the building of this case” are referred to as “the building of this case”) entered into a mortgage contract with the obligor A, and entered into a mortgage agreement with the Daejeon District Court on April 21, 2008, and completed the registration of establishment of a neighboring mortgage as the receipt of No. 21615 on April 25, 200, and loaned KRW 1,800,000,000 to A on April 25, 200.

(B) The right to collateral security established upon the registration of the establishment of a neighboring mortgage is called the “mortgage of this case,” and the loan claims arising from the loan of this case shall be deemed the “mortgage of this case”).

The New Jinjin Agricultural Cooperative applied for a voluntary auction of each of the instant real estate based on the instant collateral security, and rendered a decision of voluntary auction from the said court on January 10, 2014. On the same day, the registration of the entry in the decision of voluntary auction was completed on January 10, 2014 by the receipt of the said court on January 10, 2014.

(hereinafter referred to as the “instant auction procedure” following the said decision to commence voluntary auction.

On October 6, 2015, the Defendant filed a lien report on the instant building by asserting that the Defendant had a claim for construction cost of KRW 22,00,000 in accordance with “the removal and repair works of the first floor of the instant building” against A during the instant auction procedure.

On October 29, 2015, the Plaintiff acquired the instant loan claims and the right to collateral security against A from the new coal farming cooperative, and completed the registration of collateral security in the name of the Plaintiff on November 16, 2015.

E. On May 25, 2017, the Plaintiff’s succeeding intervenor acquired the instant loan claims and collateral security from the Plaintiff, and completed the registration of collateral security in the name of the Plaintiff’s succeeding intervenor on the same day.

The plaintiff notified A of the assignment of the above assignment on the same day.

[Judgment of the court below]

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