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(영문) 대구지방법원경주지원 2019.03.22 2018가합2547
유치권 부존재 확인
Text

1. Ascertainment 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. C (hereinafter “C”) on August 30, 2013, extended a loan to D Co., Ltd. (hereinafter “D”) and completed the registration of creation of a collateral for KRW 648 million with respect to the real estate listed in the attached list No. 1 on the same day owned by D (hereinafter “real estate No. 1”) as the creditor C, the debtor D, the maximum debt amount, and the maximum debt amount.

C even on December 17, 2013, January 10, 2014, and on January 28, 2014, C extended additional loans to D, and on January 10, 2014, through an additional collateral creation contract and an amendment contract, registered collateral security for the same real estate (hereinafter “second real estate”) as joint collateral under attached Table D (hereinafter “second real estate”) was completed, at the same time, registered collateral security under the Act on Mortgage of Factories and Mining Foundations, but finally, on January 28, 2014, the maximum debt amount of each of the following mortgages registered was changed to KRW 1.464 billion.

B. On December 22, 2017, C filed an application for voluntary auction following the enforcement of the right to collateral security with respect to the first and second real estate in this court.

(E) The auction of this case (hereinafter referred to as “instant auction”).

C On March 6, 2018, F Co., Ltd. (G trust company) and F Co., Ltd. entered into an asset acquisition agreement containing the transfer of D’s loan claims and collateral security to F Co., Ltd.

On March 28, 2018, the Plaintiff transferred the status of the transferee under the above asset transfer agreement from the F Co., Ltd., and applied for the registration of asset transfer to the Financial Services Commission pursuant to Article 6 of the Asset-Backed Securitization Act. On April 29 and April 4, 2018, the Plaintiff sent the notice of the assignment of claims to D by content-certified mail, and on the 10th of the same month, the notification of the assignment of claims was publicly announced in two or more daily newspapers circulated at

Details of loans against D subject to the notification of the assignment of claims shall be as follows at the time of January 23, 2018:

(unit: unit: the balance of the overdue interest rate on the balance of the loan principal at the maturity of the loan on the date of the loan.

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