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(영문) 의정부지방법원고양지원 2020.11.13 2020가합71362
유치권 부존재 확인
Text

Attached Form

It confirms that there is no defendant's lien on each real estate listed in the list.

The costs of lawsuit.

Reasons

1. Fact-finding;

A. (i) On November 29, 2017, the Plaintiff acquired the right to collateral security (the maximum amount of claims KRW 1.2774 million) against C from C Association (hereinafter “C”) and completed the supplementary registration of the right to collateral security transfer on December 20, 2017 with respect to the real estate listed in [Attachment List Nos. 1 through (7) of the [Attachment List No. 1] (hereinafter “instant real estate”) as to the real estate listed in [Attachment List No. 1 through No. 7].

B. On June 20, 2018, the Plaintiff acquired from E Co., Ltd. (hereinafter “E”) a claim on the collateral security (the maximum bond amount is KRW 1.188,00,000) against E, and completed the supplementary registration of the transfer of the collateral security (the maximum bond amount is KRW 1.188,00,000) on August 3, 2018.

B. (i) On November 3, 2017, C filed a request for auction to G with respect to the real estate, and on November 7, 2017, the registration of the entry of the decision to commence the voluntary auction was completed with respect to the said real estate. On November 7, 2017, the Plaintiff acquired C’s right to collateral security against D, and submitted “written request for continuation of the auction procedure” to the executing court of the said auction case on January 9, 2018.

B. On April 17, 2018, Luxembourg filed an application for auction to this court H., 5 to No.445, 2018 for each of the above real estate, and on April 18, 2018, and April 19, 2018 (No. 2-4, 2018). The registration of voluntary decision on commencement of auction was completed, and the Plaintiff submitted to the executing court of the auction auction on August 17, 2018 after acquiring the right to collateral security against E’s transfer of the right to collateral security against E.

Abstract Meanwhile, this Court G, J, and K each auction case is in combination with the G case of this Court which is the preceding case due to duplicate applications, etc.

(hereinafter referred to as the above auction procedure and this court H and I auction procedure referred to as the “instant auction procedure”). C.

The defendant who has reported the right of retention shall be the real estate of this case at the auction procedure of this case on February 10, 2020 and February 11, 2020.

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