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(영문) 수원지방법원 2015.06.26 2014가합60067
유치권부존재확인
Text

1. As to the real estate stated in the separate sheet Nos. 1 to 14 and 17 to 24, Defendant D Cases Construction.

Reasons

1. Basic facts

A. (1) The Korean bank (hereinafter “Korea bank”) completed the registration of creation of a mortgage with a maximum debt amount of 3.6 billion won on September 16, 2009, and with a maximum debt amount of 240 million won on December 24, 2009, with the real estate listed in the separate sheet Nos. 1 and 2 of the separate sheet Nos. 3 through 24 of the separate sheet (hereinafter “each of the instant real estate”), as joint collateral, as to each of the instant real estate, with the real estate as joint collateral; and completed the registration of creation of a mortgage with a maximum debt amount of 3.6 billion won on December 24, 2009, with the real estate listed in the separate sheet No. 1 and 3 to 240 million won.

(2) The Plaintiff acquired the aforementioned secured debt from the bank and completed the notification thereof.

B. (1) Defendant DD General Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) applied for a compulsory auction on each of the instant real estate to this court D and received a decision to commence the auction on October 23, 2012 from the above court. The said decision was registered on October 24, 2012.

(2) The Industrial Bank of Korea applied for a voluntary auction of the remaining real estate except for the real estate listed in the separate sheet Nos. 2, 15, and 16 among the instant real estate to E in this court, and received a decision to commence auction from the above court on January 11, 2013, and the said decision was registered on the same day.

(3) On the basis of the instant right to collateral security, our bank applied for a voluntary auction to the F of this Court on each of the instant real estate, and received a decision to commence the auction from the above court on February 5, 2013, and the said decision was registered on February 6, 2013, and the said E and F auction cases were combined with the said D auction cases.

(hereinafter referred to as the “instant auction”) the entire auction proceeds after consolidation.

(1) The defendant company shall report the right of retention on August 20, 2013.

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