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(영문) 전주지방법원 2018.02.02 2016가합3521
유치권부존재확인
Text

1. A lien of 2,186,749,80 won as secured claim is against the Defendant regarding the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. Original Construction Co., Ltd.’s claims and lien acquisition 1) Original Construction Co., Ltd.’s Integrated Construction Co., Ltd. (hereinafter “original Construction”).

In around 2012, the trade name was changed to A, a limited liability company, B.

hereinafter referred to as “A” in combination before and after the change;

(C) the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

(2) On March 14, 2014, at the Jeonju District Court rendered a payment order to pay the balance of the construction cost of the said new construction cost of KRW 666,540,220 for the original comprehensive construction cost and the delay damages therefrom. The payment order was finalized on April 3, 2014.

(C) A lien (hereinafter referred to as “the lien of this case”) secured on the instant real estate by an original comprehensive construction against A (Seoul District Court 2014Guj1912) from August 21, 2015 to August 21, 2015 (Seoul District Court 2015Gahap1849) (hereinafter referred to as “the lien of this case”) (hereinafter referred to as “the lien of this case”).

(1) The judgment without pleading (hereinafter referred to as “prior judgment of this case”) is final and conclusive.

(2) On November 22, 2013, the NongHyup Co., Ltd. (1) obtained the preferential right to benefit of the instant real estate from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and entered into a security trust agreement for the instant real estate (hereinafter “instant trust agreement”) with themselves and the former representative director C as trustor, and with the first (6.10 million won of the preferential right to benefit) and second (80 million won of the preferential right to benefit) as the trustee, the Nonghyup Bank and the trustee as the Asia Trust Co., Ltd.

2 Original Construction on November 22, 2013.

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