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(영문) 의정부지방법원고양지원 2015.11.05 2014가합55239
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet:

(a)a claim of KRW 1.3 billion as the secured claim;

Reasons

1. Basic facts

A. On April 12, 2011, 201, the Korean bank (hereinafter referred to as the “Korea bank”) on each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”), and on each real estate listed in paragraphs 1 through 9, as to each of the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”), the mortgagee: The bank, the debtor, the Sin&Electronic Co., Ltd. (hereinafter referred to as the “Sin Electronic”), the maximum debt amount: KRW 9.6 billion, and the registration of establishment of a neighboring mortgage on each of the real estate listed in Articles 10, 11, and 12, respectively, on December 22, 2011.

B. On April 19, 2013, our bank applied for the voluntary auction of the instant real estate as D with the High Government District Court Goyang Branch D with regard to the instant real estate based on the foregoing right to collateral security and completed the registration of the voluntary decision on commencement of auction on April 22, 2013, upon receipt of the decision on commencement of auction on the said court’s decision on commencement of auction, and currently under the auction procedure (hereinafter “instant auction procedure”).

C. In accordance with Article 8(1) of the Asset-Backed Securitization Act, the Plaintiff acquired a claim against the KAWK from the KAB from the KA, and the maximum debt amount of KRW 9.6 billion against the instant real estate.

The Korean Bank shall register the transfer of securitization assets in accordance with the asset-backed securitization plan with the Financial Services Commission and notify the transfer of the assets to the UNFCCC.

In the instant auction procedure, on July 10, 2013, the Defendant A (mutual name: E) transferred the ownership of the real estate in attached Forms 1 and 2 to G, on April 6, 201, as a person who was the owner of the real estate in attached Forms 1 through 4, F, Sept. 25, 2013, and transferred the ownership of the real estate in attached Forms 3 and 3 and 4 to C&K.

The claim of KRW 72,838,00 against A shall be deemed as the secured claim for the construction cost of KRW 72,838,00, and ③ Defendant C Co., Ltd (hereinafter “Defendant C”) shall be deemed as the F on September 25, 2013.

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