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(영문) 의정부지방법원 2014.10.07 2013가합73398
유치권부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The National Federation of Fisheries Cooperatives (hereinafter “the Federation”) completed the registration of the establishment of a mortgage over the instant cartels owned by the Dong Government District Court No. 5667, Mar. 27, 2012, the debtor B and the maximum debt amount of KRW 1,752,00,000, with respect to the instant cartels owned by B in order to secure the claim for loans against B.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

B: (a) On November 29, 2012, the Defendant and the instant telecom amounting to KRW 1,830,000,000; (b) on the date of the contract, KRW 1,00,000,000 for the first intermediate payment of KRW 50,000 for the second intermediate payment of KRW 50,000 on December 26, 2012; and (c) on March 30, 2013, the remainder amount of KRW 1,630,00,00 for the second intermediate payment of KRW 1,460,000 for the remainder payment of KRW 1,460,00 for the remainder payment on December 30, 2013, concluded a sales contract (hereinafter “instant sales contract”).

C. According to the instant sales contract, the Defendant paid B the down payment of KRW 100,000,000 and the first intermediate payment of KRW 50,000,000,000, and around that time, the Defendant leased the instant her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B In order to fail to repay the above loan obligations, the Suwon District Court filed an application for voluntary auction of the instant Monopoter with the Jung-gu District Court C on May 10, 2013, and the said auction court rendered a decision to commence auction on May 14, 2013.

(hereinafter referred to as “instant auction”) e.

The Suhyup Bank transferred the secured debt of the instant right to collateral security to the Plaintiff on June 2013, and notified the Plaintiff of the assignment of the claim to B on June 27, 2013.

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