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(영문) 전주지방법원 2014.08.29 2013가합8105
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff is a creditor of the establishment of a right to collateral security as to each of the real estate listed in the separate sheet on the same day (hereinafter collectively referred to as “each of the instant real estate”), and the Defendants are corporations that reported a right to collateral security as to each of the instant real estate, while making a loan by setting the loan amounting to KRW 1.55 billion on September 6, 2015 and the expiration date of the loan at KRW 1.50 million on September 6, 2015.

B. The auction procedure for each of the instant real estate (1) a limited liability company, the creditor of the BFW cost, filed an application for voluntary auction with the Jeonju District Court for each of the instant real estate, and accordingly, the registration of the auction decision was completed on October 8, 2012. B filed an application for compulsory auction for each of the instant real estate with the Jeonju District Court C, and accordingly, the decision to commence auction was completed on October 16, 2012.

(2) Meanwhile, the Plaintiff filed an application for voluntary auction of each of the instant real estate with the Jeonju District Court D on October 23, 2013 as the Plaintiff continued to pay the principal and interest of the instant real estate in arrears, and accordingly, the decision to commence auction was made on October 24, 2013 and the record was completed on the same day.

(3) Each of the above auction cases is dealt with as a overlapping case, and the auction procedure is under way.

C. On January 11, 2013, the Defendants reported the Defendants’ lien (1) (hereinafter “Defendant Yongmun Construction”) on the possession of the instant building in order to preserve KRW 896,753,000 in the said auction procedure to preserve the price claim for steel framed Construction.

(2) On January 10, 2013, the Defendant Dae-gun Electric Power Co., Ltd. (hereinafter “Defendant Dae-gun”) claims 137,00,00 for the cost of electricity and telecommunications construction in the above auction procedure.

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