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(영문) 서울남부지방법원 2014.09.05 2014가합100543
유치권부존재확인
Text

1. As to the real estate stated in paragraph 1 of the attached list, KRW 807,064,507 against the defendant corporation B.

Reasons

1. Facts of recognition;

A. On May 11, 2007, B Co., Ltd. (hereinafter “B”) acquired the ownership of the land listed in Section 1.1 of the [Attachment List (hereinafter “instant land”). As to the instant land as security for the loan obligations against the Bank of Korea, Seoul Southern District Court No. 32484, May 11, 2007, receipt of the maximum debt amount KRW 2,000,000,000, and the registration of establishment of a neighboring mortgage to the Industrial Bank of Korea was completed.

B. B completed the registration of ownership preservation as to the building listed in Section 2. of the [Attachment List No. 2. (hereinafter “the building of this case”). On April 17, 2009, the Seoul Southern District Court Gangseo-gu Office of Registry No. 23825, which was received on April 17, 2009. On May 18, 2009, the Industrial Bank of Korea completed the registration of ownership creation concerning the building of this case (hereinafter “the building of this case”) with the joint security of the right to collateral security upon the registration of establishment of the

C. As to the instant land and buildings, the Industrial Bank of Korea applied for voluntary auction based on each of the above collateral security rights, and accordingly, the Seoul Southern Southern District Court Co., Ltd. started voluntary auction on September 20, 201.

On December 20, 2011, the Industrial Bank of Korea transferred both claims to the Plaintiff with respect to B and the right to collateral security, and notified B of the assignment of claims on December 21, 201, and sent the above notification to B around that time.

E. On January 28, 2013, the Defendant reported the right of retention to the effect that the Defendant occupied the instant land and buildings in order to preserve the claim for construction payment, since the Defendant was not paid KRW 807,064,507, out of the construction cost under the instant new construction contract.

F. From January 5, 2011, the Defendant occupied the fourth floor of the instant building from around the time to the date.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 9 (including documentary evidence with provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. This.

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