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(영문) 서울고등법원 2017.04.12 2016나2063546
유치권부존재확인의 소
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that executed the business of newly constructing and selling a neighborhood living facility building (hereinafter “instant building”) on the part of the Plaintiff after purchasing the pertinent land (hereinafter “instant land”).

B. The instant building was completed and approved for use on April 15, 2014, and the real estate stated in [Attachment List Nos. 1, 2, 6, 8, and 9] is either 102, 103, 301, 401, and 701 of each of the instant buildings.

(hereinafter referred to as "each of the above real estate" refers to the corresponding housing units, and in total, "each of the above real estate".

The Plaintiff, upon receiving a loan from the Korean bank (hereinafter “Korea bank”), agreed to set up a collateral on the instant land and set up a collateral on the instant land, to set up an additional collateral on the completion of the instant building to the Korean bank.

The Korean bank filed an application for provisional injunction against disposal of the instant building, the approval of which was granted under the above agreement, and accordingly, on May 16, 2014, the registration of preservation of ownership in the Plaintiff’s name was made, and at the same time the provisional injunction registration was made in the name of the Korean bank.

On April 7, 2014, the Plaintiff sold No. 102 to V on May 21, 2014, completed the registration of ownership transfer on May 21, 2014, sold No. 103 to W on March 4, 2014, and completed the registration of ownership transfer on May 23, 2014.

E. On March 19, 2015, on the instant building, the establishment registration of the mortgage was completed in the name of the bank of Korea, the maximum debt amount of KRW 2,160,000,000, and the Plaintiff, the debtor.

F. As the Plaintiff failed to repay the principal and interest of the instant land, our bank applied for a voluntary auction on the instant land and buildings, and on April 10, 2015, the decision to commence the voluntary auction (hereinafter “auction of this case”) was issued.

On April 27, 2015, 120,000 Won 40,000 on April 127, 2015, the possessor-ho Lake Co., Ltd. claiming secured claims on the date of reporting the right of retention.

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