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(영문) 수원지방법원여주지원 2014.12.18 2014가합1255
유치권부존재확인
Text

1. It is confirmed that the defendants' lien does not exist with respect to real estate stated in the attached list.

2...

Reasons

1. Basic facts

A. The Plaintiff completed the registration of the establishment of a neighboring real estate registered in the separate sheet (hereinafter “instant real estate”) as follows.

No. 41225, Sept. 8, 2006; 616,000,000 B B on June 2, 2009; 26,000,000 B on October 6, 2010, No. 46141, 39,000,000 B on October 6, 2010; 25488, 65,000,000 B on May 22, 2012

B. On May 28, 2013, the Plaintiff received a decision to commence the voluntary auction of the instant real estate from Suwon District Court Branch C (hereinafter “instant auction”) on May 28, 2013, and on the same day, the registration of the entry of the decision to commence the auction of the instant real estate was completed.

C. On May 13, 2014, Defendant A submitted to the instant auction court a lien report stating that “A will exercise a lien in relation to KRW 75 million for costs for civil and construction works.” On May 13, 2014, Defendant A attached a contract agreement entered into with B on May 10, 2012.

On May 13, 2014, the Defendant limited liability company (hereinafter “Defendant Crown Construction”) submitted a lien report stating that “the lien will be exercised in relation to KRW 75 million of the price for the Dopanty construction work” to the instant auction court, and attached a contract agreement entered into with B on August 1, 2013.”

E. On June 11, 2013, the instant auction court conducted a survey on the current status of the instant real estate, and only possessed by the debtor (owner), the possession of the lien holder was not confirmed.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 4, 6, and 7 (including branch numbers, if any) and the purport of the whole pleadings

2. The possession of the lien holder, which is the requisite for the establishment of the lien and the requirement for existence, is neither direct nor indirect possession, but also an indirect possession. However, in light of the fact that the lien is the right to indirectly enforce the debtor's repayment by attracting the object, etc., if the direct occupant is the debtor.

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