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(영문) 의정부지방법원고양지원 2019.08.09 2018가합1445
유치권부존재확인
Text

1. Claim for the construction cost of KRW 240,00,000 against C with respect to each real property listed in the separate sheet Nos. 1 to 3.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the right to collateral security and commencement of the voluntary auction procedure 1) D shall give a loan to C, each of the real estate listed in the separate sheet (each of the land listed in the separate sheet Nos. 1 through 3) shall be “the instant land” and “the instant building” and “each of the instant real estate” in common name.

(1) As to the establishment registration of a mortgage of this case, each of the establishment registration of a mortgage of this case (hereinafter referred to as the “establishment registration of a mortgage of this case”) with the obligor C, the maximum debt amount of KRW 996 million on November 10, 2016, the maximum debt amount of KRW 140 million on December 31, 2016, the maximum debt amount of KRW 1440 million on December 31, 2016, and each of the establishment registration of a mortgage

(2) On December 13, 2017, the Plaintiff acquired the above loan claims and the right to collateral security from D Association, and completed the registration of each of the right to collateral security on its own.

3) On December 26, 2017, the Plaintiff filed an application for the commencement of a voluntary auction on each of the instant real estate with the Gangwon-gu District Court Goyang Branch E, which was based on the instant right to collateral security, and received a decision to commence voluntary auction from the above court on December 26, 2017, and completed the registration of the entry on December 27, 2017 (hereinafter “the auction procedure of this case”).

(B) On March 27, 2018, the Defendant reported the right of retention for each of the instant real estate by asserting that “240,000,000 won and damages for delay calculated at the rate of 15% per annum from September 5, 2017 to the date of full payment with respect to the instant building” as to the instant building on March 27, 2018, and that the Defendant reported the right of retention for each of the instant real estate as the secured claim. [Grounds for recognition] The Defendant did not dispute [including the number of branches, the same shall apply hereinafter].

each entry, the purport of the whole pleading

2. The parties' assertion

A. Plaintiff (1) The Defendant does not have the secured debt with respect to each of the instant real estate, and (2) each of the instant real estate possessed by C.

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