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(영문) 창원지방법원통영지원 2019.09.24 2018가단27194
유치권 부존재 확인
Text

1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet No. 1 does not exist.

2...

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) owned part of each real estate listed in the separate sheet No. 1 attached to the F Co., Ltd. F (hereinafter “F”) on July 23, 2013, and thereafter owned F due to corporate mergers.

(hereinafter “each of the instant real property”) completed the registration of creation of a neighboring mortgage (hereinafter “instant mortgage”).

B. On April 17, 2018, upon the application based on the instant right to collateral security, the original district court rendered a decision to commence voluntary auction of each of the instant real estate on April 17, 2018 upon the application of the E (hereinafter “instant voluntary auction”) and upon the application of the F-owned real estate, the decision to commence voluntary auction was rendered.

On the same day, the entry registration was made.

C. On June 20, 2018, E transferred the instant secured claim against EF to the Plaintiff. On August 2, 2018, the Plaintiff completed the supplementary registration of the transfer of the instant secured claim on the ground of the transfer of finalized claim on June 20, 2018.

In the instant voluntary auction procedure, the Defendant Company B (hereinafter “Defendant B”) as the secured claim for the construction cost of KRW 135,278,703 on May 30, 2018, and the Defendant C Co., Ltd (hereinafter “Defendant C”) as the secured claim, with the amount of KRW 32,128,000 as the secured claim on June 7, 2018, the Defendant D Co., Ltd (hereinafter “Defendant D”) reported each right of retention as the secured claim on June 28, 2018.

E. As to the sales price of 1,250 square meters of reinforced concrete structure (a) inside the ship connecting F and J in sequence 1,250 square meters, among each real estate listed in [Attachment 1] Nos. 5, 3, 4, and 1 listed in [Attachment 1] List Nos. 5, 6 among the real estate listed in [Attachment 1] List Nos. 2018da24281 against Changwon District Court, Defendant C shall be KRW 27,592,000.

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