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(영문) 의정부지방법원 2019.06.28 2018가합58950
유치권 부존재 확인
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. As to each of the instant real estate listed in the separate sheet owned by E (hereinafter referred to as “each of the instant real estate”), the Jung-gu District Court rendered a voluntary decision to commence auction with the same court F on March 13, 2017, and the court G on June 7, 2017. The registration of each of the instant real estate was completed on the date of the instant decision to commence auction, and the auction procedures pursuant to each of the aforementioned decisions were merged.

(hereinafter referred to as “the above auction procedure” refers to the instant auction procedure. (b)

On January 17, 2018, the Plaintiff acquired the right to collateral security from H, which is a collateral security right holder of each of the instant real estate, and succeeded to the status of H’s collateral security holder upon filing an application for the obligee’s change with the Jung-gu District Court.

C. In the instant auction procedure, on July 3, 2018, Defendant C as secured claim the amount of KRW 50,000,000 for the investment in real estate facilities, and Defendant D as secured claim the amount of KRW 204,00,000 for the maintenance and management of real estate and the investment in facilities on the same day, and Defendant B Co., Ltd (hereinafter “Defendant Company”) reported the lien on each of the instant real estate as secured claim, with the amount of KRW 22,710,000 for the investments in machinery facilities on the same day as secured claim.

[Reasons for Recognition] Unsatisfy, Gap's entry of Gap's evidence 1 to 4, 7, and 8 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendants did not possess each of the instant real estate, and there is no secured debt related to each of the instant real estate, so there is no right of retention of the Defendants on each of the instant real estate. The Defendants’ assertion 2) Defendant C does not have a right of retention on each of the instant real estate. Defendant C’s assertion 2) KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000, for the real estate maintenance and management expenses and facility investment expenses for E., for Defendant C.

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