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(영문) 인천지방법원 2020.02.06 2018가단228225 (1)
유치권 부존재 확인
Text

1. The request for intervention of an independent party intervenor shall be dismissed;

2.(a)

Attached Form

List 1.

Reasons

1. As to the instant lawsuit seeking confirmation of non-existence of a lien on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) against the Defendants, the independent party intervenors filed an application for intervention with the intent to seek delivery of each real estate of this case against the Defendants, since the independent party intervenors were the highest bidder in the auction procedure including the instant real estate, and the independent party intervenors filed an application for intervention with the intent to seek delivery of each real estate of this case against the Defendants.

On October 28, 2019, the case was examined as to the legitimacy of the application for intervention by the independent party ex officio, but the decision to permit the sale of the real estate in the auction procedure of the Incheon District Court O real estate auction, which was the auction procedure including each of the instant real estate on October 28, 2019 was made, but the fact that the status of the highest bidder was lost due to his failure to pay the sale price by November 26, 2019, the payment deadline was nonexistent between the parties,

Therefore, the application for intervention by the independent party of this case is unlawful without a standing to be a party, without examining whether the application for intervention by the said independent party satisfies the remaining requirements for participation.

2. Basic facts

A. On September 20, 2007, the Plaintiff Limited Company A Co., Ltd. (1) loaned KRW 4 billion from AH on September 20, 2007, and on the same day, the Incheon Gyeyang-gu District Court received KRW 5907 square meters of the maximum debt amount, KRW 5.2 billion, the debtor corporation D, and the mortgagee AH Co., Ltd. (hereinafter “instant 1 collateral security”).

(2) The debtor of the first mortgagee of the instant case was changed from January 12, 2012 to L corporation as the receipt No. 1455 on January 12, 2012.

3. As to each of the instant real estate, etc.

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