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(영문) 수원지방법원평택지원 2019.09.19 2019가합9059
유치권 부존재 확인
Text

1. As to each real estate indicated in the separate sheet,

A. Defendant B’s KRW 197,983,656.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) obtained a loan from the Industrial Bank of Korea, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 540 million with respect to each of the real estate listed in Articles 3, 5, and 7 as indicated in the indication of the real estate owned by it and the attached property indicated in Articles 1, 2, 4, 6, and 8 as to each of the real estate listed in the said Articles (hereinafter “instant real estate”).

B. On September 22, 2017, the registration of the entry of the decision on voluntary commencement of auction was completed on the instant real estate pursuant to the Industrial Bank of Korea’s application for the auction of real estate rent (U.S. District Court Pyeongtaek E)

(hereinafter “instant auction procedure”). C.

The Industrial Bank of Korea on October 31, 2017, F Co., Ltd. and F. A.

On November 21, 2017, F Co., Ltd. entered into an asset transfer agreement with the Plaintiff to acquire the purchaser status of the asset transfer agreement with the Plaintiff.

The Industrial Bank of Korea notified D of the transfer of the above loan claims to D at that time.

On December 12, 2017, the Plaintiff succeeded to the creditor’s status by filing an application for the change of the creditor from the Industrial Bank of Korea to the Plaintiff in the instant auction procedure.

E. On October 30, 2017, Defendant B Co., Ltd. (hereinafter “B”) reported the lien on the instant real estate by setting the obligor D’s claim for construction cost of KRW 197,983,656 as the secured claim at the instant auction procedure.

On October 30, 2017, Defendant C reported the lien on the instant real estate with the claim for construction cost of KRW 144,497,500 against the debtor D as the secured claim at the instant auction procedure.

【Unsatisfy-founded facts, Gap evidence 1 through 7 (including paper numbers), and the purport of the whole pleadings.

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