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(영문) 창원지방법원거창지원 2015.07.23 2014가합422
유치권부존재확인청구의 소
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Following the completion of registration of ownership preservation on September 3, 2012 by K Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) following the new construction, J, a multi-household built on the first ground of Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “Nonindicted Co., Ltd.”) established a right to collateral security at KRW 85,800,000 with a maximum amount of debt to the North Korea Saemaul Savings Depository on September 11, 2012.

B. (1) On June 26, 2013, as the non-party company failed to repay the above loans, the North Busan Northern Saemaul Bank applied for a decision to commence voluntary auction. On June 26, 2013, the procedure of voluntary auction on J (hereinafter “instant voluntary auction procedure”) was initiated with the Changwon District Court Seowon Branch Branch Branch D, and on June 27, 2013, the entry registration thereof was completed.

(2) At the time of the instant voluntary auction procedure, the enforcement officer investigated the status of J on July 5, 2013, and prepared a report on the survey of the current status of real estate. The report on the survey of the current status of real estate (hereinafter “each of the instant real estate”) with respect to each of the respective real estate listed in the separate list in J (Evidence A No. 20-1 through 8) stated that all of the “in the possession of the instant real estate by a foreign company, and the Defendants posted the notice “in the course of exercising the right of retention” in the front door.

(3) On September 2013, at the above voluntary auction procedure, the Nonparty Company, a joint and several surety for Han Chang Construction Co., Ltd., claimed that Defendant G has a claim for construction cost equivalent to KRW 175,00,000, and reported the lien. Defendant H asserted that there has a claim for construction cost equivalent to KRW 64,860,000, and reported the lien.

Real estate awarded by the plaintiff

1. A 101, 103;

2. B 204

3. C 304, 402

4. D 401

5. E 403.

6. F. 404

C. The Plaintiffs were awarded a successful bid for each of the instant real estate in the instant voluntary auction procedure as follows.

【In the absence of dispute, Gap 1 through 9, 20 evidence, and Eul 5 (including each number, if any).

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