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(영문) 대구지방법원김천지원 2020.06.12 2019가합16669
유치권존재 확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2015, C (hereinafter referred to as “C”) borrowed KRW 3.22 billion from D Co., Ltd. (hereinafter referred to as “D”), and on the same day, D, in order to secure the repayment of the loan, each of the real estate listed in the separate sheet Nos. 1 through 3 of the attached Table Nos. 1 to 3 of the ownership of the Plaintiff and each of the real estate listed in the separate sheet Nos. 4 through 10 of the attached Table No. 4 owned by the Plaintiff (hereinafter referred to as “each of the real estate of this case”) was indicated as “the instant real estate” and when referring to each of the real estate, the maximum debt amount was KRW 3.96 billion with respect to each of the real estate of this case, C, the debtor, and C, the mortgagee, and the mortgagee.

B. On March 7, 2017, D applied for a voluntary auction on each of the instant real estate to Daegu District Court Kimcheon-do, and on March 8, 2017, the auction court rendered a decision to commence the voluntary auction, and on the same day, the registration of the decision to commence the voluntary auction was completed on each of the instant real estate.

(hereinafter “instant auction procedure”). C.

D on June 7, 2017, as F Co., Ltd., F.

On June 29, 2017, F Co., Ltd. and the Defendant concluded an asset transfer agreement with the Defendant to acquire the purchaser status of the above asset transfer agreement.

D notified C that the above loan claims were transferred to the Defendant. D.

On July 10, 2017, the Defendant succeeded to the status of the obligee by filing an application for the change of the obligee from D to the obligee during the auction procedure of this case.

E. On January 15, 2019, the Plaintiff reported the right of retention by asserting that he/she had a claim equivalent to KRW 1,613,00,000 by carrying out construction works on each of the instant real estate in the instant auction procedure.

F. The Defendant received a decision to permit the sale of each of the instant real estate in the auction procedure of the instant case, and on April 2019.

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