logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2014.07.09 2014가합10048
유치권부존재 확인의 소
Text

1. As to each real estate listed in the separate sheet:

A. The right of retention of Defendant Bosch Rexroth Co., Ltd. is a right of retention.

Reasons

Basic Facts

The Industrial Bank of Korea, while lending money to D around May 2010, is a mortgagee who completed the registration of establishment of each of the maximum debt amounts of KRW 10,800,000,000 on May 31, 2010 with respect to each of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”), with the Industrial Bank of Korea as a creditor, and with D as a debtor, as a creditor, and with respect to D, with regard to each of the real estate listed in the separate sheet owned by D as the debtor.

The Industrial Bank of Korea filed an application for an auction to exercise security rights to the instant real estate that D had failed to repay debts, and received a voluntary decision to commence auction as E on September 9, 201.

(B) After the decision on commencing the auction, the Plaintiff came from the Industrial Bank of Korea.

Each claim on the right to collateral security was taken over.

In the instant auction procedure, between October 20, 201 and November 5, 2012, the Defendants asserted that D had the following secured claims, and that the instant real estate was occupied, and reported the lien.

Defendant Bosch Rexroth Co., Ltd. (hereinafter “Defendant Bosch Rexroth”): 519,00,000 costs for the construction of the medical equipment of the instant building contracted by D (hereinafter “instant electricity, fire fighting construction”) as specified in attached Table 2 (hereinafter “instant building”) of the building that was contracted by D (hereinafter “instant building”) and KRW 174,080,370 for the construction of the medical equipment of the instant building that was contracted by D (hereinafter “Defendant Bosch Rexroth Co., Ltd”): KRW 3,517,00,000 for the new construction of the instant building contracted by D (However, it was additionally stated that the said amount may be changed according to the judgment of this case No. 2010,3073) and the construction of the instant building from D Co., Ltd. (hereinafter “Defendant C Co., Ltd.”). 00,000 for the construction of the instant building and the construction of the instant building from D Co., Ltd. (hereinafter “Defendant C Co., Ltd”).

arrow