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(영문) 대구지방법원 2015.03.13 2014가합202305
유치권부존재확인 청구의 소
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On October 30, 2012, the North Korea Saemaul Bank completed the registration of the establishment of a neighboring mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Jinyoung Co., Ltd. (hereinafter “JJ”), with the maximum debt amount of KRW 1.3 billion as to each of the instant real estate (hereinafter “each of the instant real estate”) owned by Jinyoung-gu Co., Ltd., Ltd. (hereinafter “JJ”), and the debtor as the Defendant Lee Jong-sung S&S Co., Ltd. (hereinafter “Defendant Lee Jong-sung”);

(hereinafter “instant collateral security”). B.

On July 12, 2013, the North Korea Saemaul Bank filed an application for voluntary auction with respect to each real estate listed in the separate sheet on the ground of the instant collateral security (hereinafter “each of the instant real estate”) on July 12, 2013, and rendered a decision to voluntarily commence the auction of real estate to Daegu District Court C on July 15, 2013 (hereinafter “instant auction procedure”), and the registration of the entry of the decision to voluntarily commence the auction was completed on the same day.

C. As to each of the instant real estate in the instant auction procedure, on the ground that there was a new construction bond of KRW 1,213,227,466 on July 22, 2013 (the construction cost that was the owner of each of the instant real estate and the construction cost that was concluded and implemented a construction contract to build a new factory on the land) the Defendant Ho Ho Ho Construction Co., Ltd (hereinafter “Defendant Jong Ho Construction”) has a claim for the site construction cost amounting to KRW 378,98,395 on July 23, 2013; Defendant B reported the right of retention on the ground that there was a claim for the site construction cost amounting to KRW 364,906,070 on August 364, 2013.

The Plaintiff completed the registration of ownership transfer of each of the instant real estate on March 14, 2014 after paying the sale price in the instant auction procedure.

Defendant B filed an application for voluntary auction with respect to each of the instant real estate based on the lien reported at the instant auction procedure, and the Daegu District Court D on May 13, 2014.

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