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(영문) 의정부지방법원고양지원 2020.11.13 2020가합70598
유치권 부존재 확인
Text

It is confirmed that there is no defendant's lien for each real estate listed in the attached Table 1 list.

The costs of lawsuit.

Reasons

1. Fact-finding;

A. (i) On April 28, 2016, the Plaintiff acquired the claim for the right to collateral security (the maximum amount of the claim is KRW 6 billion) from C Association (hereinafter “C”) with respect to D, and completed the supplementary registration of the right to collateral security on May 13, 2016 regarding each real estate listed in the separate sheet No. 2, and completed the registration of establishment of the right to collateral security on April 11, 2018 with respect to each real estate listed in the separate sheet No. 3, as stated in the separate sheet No. 3, to secure the said claim.

B. On November 29, 2017, the Plaintiff acquired from E Association (hereinafter “E”) a claim on the collateral security (the maximum bond amount is KRW 1.3 billion) against E, and completed the supplementary registration of the transfer of the right to collateral security on December 20, 2017.

B. (i) On January 23, 2018, the Plaintiff filed a request for auction to G with respect to each real estate listed in the separate sheet No. 2, the Plaintiff filed a request for auction on January 24, 2018, and completed the registration of the entry of the decision to commence voluntary auction with respect to the pertinent real estate on January 24, 2018. On April 25, 2018, the Plaintiff filed a request for auction to H of this court on April 27, 2018.

Luxembourg filed an application for auction with I of this Court on November 3, 2017, and on November 6, 2017, the registration of voluntary decision on commencement of auction was completed with respect to the above real estate. The Plaintiff acquired the claim for the collateral security interest with respect to EF, and submitted a report on change to the creditor at the executing court of the above auction case on January 19, 2018.

Secondly, this Court's I, G, and H auction cases are being combined with the Court's J case, the preceding case upon duplicate applications.

(hereinafter referred to as the above auction procedure is referred to as “instant auction procedure.”

G 1 G 1 G 60,000,000 real estate subject to the pertinent auction case (the construction cost) lien reporting Nos. 188,00,00 won 2G, 3 I.

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