logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.05.04 2015나2002674
유치권부존재확인
Text

1. The part against the defendant in the judgment of the court of first instance is revoked.

Among the lawsuits of this case, the building No. 1 listed in the attached list is among the buildings.

Reasons

1. Basic facts

A. On January 10, 2008, the Industrial Bank of Korea created a joint collateral security (hereinafter “instant collateral security”) consisting of 1.8 billion won with respect to each building listed in the separate sheet (hereinafter “instant building”) in order to secure the claim against the Sungsung C&C Co., Ltd. (hereinafter “BC”).

B. On March 6, 2012, the secured claim of the instant right to collateral security was transferred in order from the Industrial Bank of Korea to Korea, to Korea, and on March 28, 2012, Korea EF&A transferred from Korea to the Plaintiff.

On March 29, 2012, the Industrial Bank of Korea notified the Industrial Bank of Korea of the fact that the secured debt was transferred in sequence from the Industrial Bank of Korea to Korea, and thereafter, to the Plaintiff. On April 10, 2012, the Plaintiff registered the fact that the secured debt was transferred to the Financial Supervisory Service.

C. The Plaintiff filed an application for the auction of real estate rent to Suwon District Court C with respect to the instant building based on the instant right to collateral security, and the said court rendered a decision to commence the auction on April 4, 2013 and completed the registration of the entry on April 8, 2013.

In the instant auction procedure, on September 10, 2013, the Defendant reported the right of retention while occupying three floors of the factory building in the instant auction procedure by being awarded a contract for the construction of the partitions and pipeline construction for the third floor, not the factory but the office.).

[The right of retention report submitted by the Defendant (No. 5-1 of A) is a “construction cost (the second floor of factory operation and pipe construction) 85,00,000 won,” the leased part of the lease contract attached to the application for demand for distribution (the evidence No. 8 of A) shall be “part of the second floor of factory site,” and the construction contract (the evidence No. 2 of A) shall be “the second floor of factory operation” in the part of the indication of the claim.

arrow