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(영문) 의정부지방법원고양지원 2016.10.07 2015가합3105
유치권부존재확인
Text

1. The plaintiff's lawsuit against the defendant A, B, and C shall be dismissed.

2. The separate sheet shall be set out.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is jointly owned by F and G. As to each of the instant real estate, the registration of creation of a mortgage (hereinafter “mortgage”) was completed on July 11, 201 on each of the following dates: (a) the mortgagee, the Korea Development Bank, the debtor, the maximum debt amount of KRW 1.05 billion, KRW 3250,000,000,000 won, and KRW 1.69,50,000,000 won.

B. On November 21, 2014, the Korea Development Bank applied for a voluntary auction of each of the instant real estate based on the instant collateral security (hereinafter “instant auction”) and made a decision on the voluntary auction by this Court (hereinafter “H”) on November 21, 2014. The registration was completed on November 24, 2014.

C. At the instant auction procedure, Defendant D reported that the instant claim for the construction cost of KRW 227,760,000 was filed, Defendant E reported that the instant claim for beneficial cost of KRW 48,730,000 was filed, and that each of the instant claims was a lien on each of the instant real estates, with each of the secured claims.

In addition, under the name of Defendant A Co., Ltd. (hereinafter “Defendant A”), the claim for construction cost of KRW 61,677,000, the claim for construction cost of KRW 50,390,000 in the name of Defendant B, the claim for construction cost of KRW 479,40,000 in the name of Defendant C Co., Ltd. (hereinafter “Defendant C”), and the claim for construction cost of KRW 479,400,000 in the name of each

On June 2, 2015, Korea Development Bank concluded a contract for asset acquisition with a joint asset management company, and comprehensively transferred loans including collateral security of this case and secured claims thereof to a joint asset management company. On June 26, 2015, Korea Development Bank, a joint asset management company, and the Plaintiff concluded a contract for transfer or acquisition of assets on June 26, 2015, and comprehensively transferred the status as a transferee of a joint asset management company under the said contract to the Plaintiff.

E. Meanwhile, the land listed in paragraph 1 of the attached list is the site of the building listed in Paragraph 2 of the attached list, and the above building is the ground of the main building.

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