logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.07.12 2016가단69323
유치권부존재확인
Text

1. As to the auction case of D's D's real estate in this court, the Defendants reported the rights to the Jung-gu, Ulsan-gu E, 636.3 square meters.

Reasons

1. Facts of recognition;

A. On August 26, 2015, the Ulsan District Credit Union established the right to collateral security (hereinafter referred to as the “Ulsan District Credit Union”) completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant right to collateral security”) with respect to the obligor F and the maximum debt amount of KRW 1183,00,000,000,000 for the Ulsan-gu E-gu, Ulsan District (hereinafter referred to as the “instant land”).

B. On September 12, 2016, the auction procedure regarding the instant land and the Defendants’ application for remaining-mortgage consultation, which is the right to collateral security, was initiated on September 12, 2016.

In the above voluntary auction procedure, Defendant A reported the lien of KRW 111,100,000,000 against F as the secured claim, on December 6, 2016. Defendant B and C reported the lien of KRW 1,286,00,00,00 for each of the Co., Ltd. on December 8, 2016 as the secured claim, and KRW 1,286,00,00,000 for each of the Co., Ltd. and KRW 14,202,10 as the secured claim.

C. On September 9, 2016, the Plaintiff acquired the instant right to collateral security against F from the Southern Newcom Bank, and completed a supplementary registration with regard to the instant right to collateral security against F on September 27, 2016.

[Reasons for Recognition] Gap 1, 3 through 8, 10, 11, the purport of the whole pleadings

2. Claim against Defendant A corporation

A. Defendant A does not currently possess the land of this case, and Defendant A’s claim for construction cost against Defendant AF does not have a connection with the land of this case, and there is no right of retention for Defendant B’s re-construction, the secured claim against the land of this case, with F as the secured claim.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

3. Claim against Defendant B and C

A. 1) The point at which the Plaintiff’s assertion was sought and the point at which possession of the instant land by Defendant B and C was commenced is the time after the decision to commence the auction on the instant land, and thus a lien cannot be established.

arrow