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(영문) 대구지방법원 안동지원 2018.10.04 2018가합3165
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. The Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) shall acquire the right to collateral on each real estate listed in [Attachment 1 to 4, and 6] the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”).

(2) On September 19, 2006, the Daegu Bank concluded a mortgage agreement with A, the obligor and the maximum debt amount of 50,000,000 with respect to each real estate stated in the separate sheet Nos. 1, 2, 4, and 6 (hereinafter collectively referred to as the “each of the above real estate”), which requires the establishment of a mortgage agreement with the obligor A, and the maximum debt amount of 50,000,000,000. On September 5, 2003, the Daegu Bank completed the registration of the establishment of a mortgage with respect to each of the above real estate on April 19, 2006. The Daegu Bank concluded a mortgage agreement with A to add the real estate listed in the separate sheet No. 3 as joint collateral and the mortgage agreement with regard to each of the above real estate listed in the separate sheet No. 1 through 4, and completed the registration of the establishment of a mortgage on each of the instant real estate on the same day.

3) Ilbn F&P Co., Ltd. (trade name before the change: the Japanese Industrial Service Medal; hereinafter referred to as “ Ilbn F&P”).

(B) On August 28, 2007, the Daegu Bank acquired the status of a debtor and a person providing collateral under each of the above mortgage agreements, and completed the registration of modification of the right to collateral by changing each of the aforementioned dates to the debtor of the establishment of a mortgage. (B) On January 17, 2014, the Daegu Bank filed an application for the first auction of the Daegu Bank and the Plaintiff’s acquisition of the right to collateral security (hereinafter “the first auction”) with respect to each of the instant real estate and received a decision to commence the auction on January 20, 2014.

2) On September 29, 2014, the Plaintiff agreed to take over each of the above collateral security and secured claims from the Daegu Bank. On October 28, 2014, the Plaintiff completed the additional registration prior to the establishment of the collateral security with respect to each of the above collateral security. C. The rehabilitation and bankruptcy 1).

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