logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.11.25 2015가합204317
유치권부존재 확인의소
Text

1. As to the case of Suwon District Court A real estate auction, Defendant Mine Engineering Co., Ltd.

Reasons

1. Facts of recognition;

A. On May 15, 2012, NongHyup Co., Ltd. (hereinafter “CF”) completed the registration of creation of a neighboring mortgage at KRW 2,162,40,000 with respect to each of the lands listed in the separate sheet owned by B for the purpose of collateral security (hereinafter “each of the instant lands”).

B. After October 15, 2014, the Nonghyup Bank filed an application for voluntary auction to A with respect to each of the instant lands on October 15, 2014, and received a decision to commence voluntary auction from the above court on the following day, and the registration of the commencement of auction was completed on the same day

(hereinafter “instant auction procedure”). C.

The Plaintiff, a juristic person established for the acquisition and transfer of securitization assets, etc., acquired a claim against NongHyup Bank with respect to B and the right to collateral security on each of the instant land from NongHyup during the instant auction procedure.

On the other hand, on June 3, 2015, Defendant Mine Engineering Co., Ltd. (hereinafter “Defendant Mine Engineering”) reported the right to retention for each of the instant lands on May 7, 2015, with the secured claim of KRW 4880,000,000 as to each of the instant lands as the claim for construction cost as to each of the instant lands. The Defendant Systland Development Co., Ltd (hereinafter “Defendant Systland Development”) reported the right to retention as the secured claim of KRW 214,060,000 as to each of the instant lands.

E. However, the Defendants did not have a claim for the construction price as to each of the instant lands, and as they did not possess each of the instant lands, there is no lien as to each of the instant lands.

[Based on the recognition] Defendant Mine Engineering: Confession (main sentence of Article 150(3) and (1) of the Civil Procedure Act)

2. The judgment on the claim against Defendant Mine Engineering was based on the fact that Defendant Mine Engineering did not submit a written reply within 30 days from the date of receipt of the written complaint and did not appear on the date of pleading.

arrow