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(영문) 부산지방법원 2016.06.29 2015가합41056
유치권부존재확인
Text

1. As to the fourth floor No. 401 on the ground of the 23rd parcel, Busan, Young-gu E, Busan, and the 23rd floor, the Defendants have the respective lien.

Reasons

1. Basic facts

A. On September 30, 2005, Busan Solomon Savings Bank (the trade name of which was changed to Busan Solomon Savings Bank, Busan, a Stock Company, and Solomon Savings Bank; hereinafter “ Solomonmon Savings Bank”) completed the registration of the establishment of a neighboring mortgage with respect to 11 units, including the 401th floor above the 23th floor above the 401 unit (hereinafter “instant 401 unit”) owned by G, in order to secure the loan claims against G on September 30, 2005.

B. On March 5, 2008, the decision to commence compulsory auction was made upon the application of the Korea Labor Welfare Corporation, G’s creditor, and the registration of the entry of the decision to commence compulsory auction was completed on March 5, 2008, and thereafter on April 29, 2009, the decision to commence compulsory auction was made to Busan District Court J on April 29 upon the application of G’s creditor. Since G delayed repayment of loans, Busan Solomon Mutual Savings Bank filed an application for voluntary auction on the said real estate on July 21, 2009 with Busan District Court K on July 21, 2009.

C. In the Busan District Court H H Compulsory Auction case (hereinafter “B auction procedure”), Defendant A Co., Ltd. (hereinafter “A”) reported a lien on April 6, 2010, asserting that Defendant B had a claim for construction price of KRW 782,504,031, and Defendant B had a claim for construction price of KRW 100 million on April 5, 2010, Defendant C had a claim for construction price of KRW 38 million on April 6, 2010, and Defendant C filed a lien report on the instant claim of KRW 401, and on the other hand, Jyang PP Co., Ltd. (hereinafter “Jyang PP”) had a claim for construction price of KRW 75,74,60, and L had a claim for construction price of KRW 194,746,836, and 401.

On January 31, 2012, Busan Solomon Mutual Savings Bank withdraws a request for auction related to voluntary auction at the Busan District Court, and on January 31, 2012.

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