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(영문) 창원지방법원마산지원 2015.06.26 2014가합3153
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet in the case of a voluntary auction for D real estate in the Changwon District Court Msan District Court.

Reasons

1. Basic facts

A. The Nonghyup Bank Co., Ltd. (hereinafter “CF”) completed the registration of creation of a neighboring mortgage on each of the real estate listed in the attached list owned by the United Nations case (hereinafter “each of the instant real estate”) as a creditor of the NAK Co., Ltd. (hereinafter “NF”) as the original district court’s branch office of the Changwon District Court, No. 15786, Apr. 29, 201.

B. On November 23, 2012, the Nonghyup Bank filed an application for voluntary auction of real estate concerning each of the instant real estate with the Changwon District Court Msan Branch D, and received a decision to commence voluntary auction from the above court on November 26, 2012, and on the same day, the registration of each of the instant real estate was completed.

(hereinafter referred to as “instant auction procedure”)

1) On March 5, 2013, Korea EFA acquired the above claim and right to collateral security from the Nonghyup Bank in accordance with a asset sales contract. On March 28, 2013, the Plaintiff acquired the status of purchaser under the above asset sales contract from Korea EFA. On March 28, 2013. On March 29, 2013 and April 1, 2013, the Nonghyup Bank notified the fact that it transferred the above right to collateral security to the United Nations case, a debtor. (2) Meanwhile, by the Financial Supervisory Service’s registration of the transfer of the right to collateral security, the Plaintiff acquired the above right to collateral security for the United Nations case pursuant to Article 8(1) of the Asset-Backed Securitization Act.

In the instant auction procedure, Defendant A reported a lien on each of the instant real estate by taking the claim of KRW 9,737,490 as the secured claim on October 17, 2014 as the secured claim, and Defendant B as the secured claim of KRW 212,00,000 on December 2, 2014 as the secured claim, and Defendant C reported a lien on each of the instant real estate as the secured claim of KRW 300,000,000 on December 2, 2014 as the secured claim.

[Ground of Recognition] Defendant A: A without dispute; entry in Gap's Evidence Nos. 1 through 5, and 7 through 11 (including virtual numbers); the purport of the whole pleadings; and Defendant B and C: A.

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