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(영문) 대전고등법원(청주) 2020.05.19 2019나1825
유치권 부존재 확인
Text

1. The defendant's appeal and the incidental appeal of the plaintiff's supplementary intervenor are all dismissed.

2. The appeal costs are the defendant.

Reasons

1. Basic facts

A. On September 28, 2012 and October 16, 2012, the Plaintiff entered into three credit transaction agreements with D Co., Ltd. (hereinafter “D”) on a total of 5.9 billion won, including the credit limit. On September 28, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to each real estate listed in the separate sheet owned by D as of September 28, 2012 as the maximum debt amount, KRW 7.8 billion, debtor D, and mortgagee as the Plaintiff.

B. On September 16, 2015, with respect to the real estate listed in the separate sheet Nos. 6, 7, 10, and 26, the registration of entry in the decision of compulsory commencement of auction (Cheongju District Court F) made an incorporated association E as creditor on September 16, 2015 was completed, and on each real estate listed in the separate sheet, the registration of entry in the decision of voluntary commencement of auction (Cheongju District Court G) made the Plaintiff as creditor was completed on December 29, 2015, and each of the above auction procedures was

(hereinafter collectively referred to as "first auction procedure"). (c)

In the first auction procedure, the Defendant reported construction price of KRW 241,00,000 on October 27, 2014, stating that “The Defendant reported construction price of KRW 241,01,00,00 (hereinafter “the second construction price”) in the aggregate of KRW 241,010,00,000 on the basis of the second installment order (hereinafter “the second construction price”), and filed a lien on December 27, 2016 (hereinafter “the first construction price of KRW 1,241,00,00,000 for each real estate listed in the attached list of the building “instant building” was part of the building of this case, and the construction price of KRW 5,00,000,000 for each of the instant construction work.” The Defendant additionally reported construction price of KRW 1,241,000,000 for each of the instant buildings (hereinafter “the first construction price”) and additionally reported construction price of KRW 300,000,000.

In the first auction procedure, the real estate listed in the attached list Nos. 1 through 26 was sold to others, and ownership was transferred, and the Plaintiff’s supplementary intervenor on October 5, 2018 is specified in the attached list Nos. 1 through 5.

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