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(영문) 서울고등법원 2015.02.05 2014나2030788
유치권부존재확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The National Federation of Fisheries Cooperatives (hereinafter “NFFC”) completed the registration of the establishment of a neighboring real estate (hereinafter “instant land and building”) indicated in the separate sheet, owned by B, in order to secure the claim for a loan to B (hereinafter “instant land and building”) with respect to the debtor B and the maximum debt amount of KRW 3.54 billion as of March 16, 2012, by the Suwon District Court, No. 26783, Mar. 16, 2012.

B. NFFC filed an application for voluntary auction of the instant land and building with the Suwon District Court C on May 13, 2013 and commenced the auction procedure after obtaining a decision on voluntary auction from the above court on May 13, 2013

(C) The auction procedure commenced as above is “instant auction procedure” (hereinafter “instant auction procedure”).

on June 5, 2013, NFC transferred the above loan claim against NFA to a stock company by Korea, and the Plaintiff subject to the Asset-Backed Securitization Act was assigned the above loan claim by entering into a “asset sales contract transfer and acquisition contract” with NFC, a stock company, and the Plaintiff subject to the Asset-Backed Securitization Act on June 26, 2013.

In the instant auction procedure on August 13, 2013, the Plaintiff submitted a lien report stating, “The Defendant, July 31, 2013,” stating, “The date of the instant auction procedure, on December 21, 2012, the construction contract was entered into between Suwon-si and Suwon-si D, and the date of the instant auction procedure, and the date of the instant lien exercise to receive KRW 2648,00,000 for construction cost due to the failure to receive the construction cost.”

E. In the instant auction procedure, the instant land and buildings were sold to D Co., Ltd., and the ownership transfer registration was completed on June 30, 2014, and on the same day, the registration of the establishment of a neighboring mortgage of NFFC was revoked.

[Reasons for Recognition] Each entry in Gap evidence 1 to 3, and 6 (including branch numbers for those with additional numbers)

2. Determination as to the legitimacy of the instant lawsuit is based on the Defendant’s lien, as the mortgagee on the instant land and building, as stated in the purport of the claim.

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