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(영문) 서울중앙지방법원 2014.11.21 2013가합57387
유치권부존재확인
Text

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

2...

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by F Co., Ltd. (hereinafter “F”).

B. On August 25, 2010, the Plaintiff lent KRW 30,000,000 to the non-party company. On September 7, 2010, the non-party company completed the registration of creation of a mortgage over KRW 39,000,000 for the instant real estate in the future with respect to the instant real estate in order to secure the said loan claim.

C. On November 6, 2012, upon the Plaintiff’s application, the Seoul Central District Court G had decided to commence the voluntary auction procedure (hereinafter “instant auction”), and on the same day, the registration of the decision to commence the voluntary auction procedure was completed regarding the instant real estate.

The reported amount by the reporting person A

1. Contract price for the instant real estate tourist hotel construction works contracted by the non-party company;

2. The cost of construction of the hotel interior works for the 7,8, and 9th hotel of the instant real estate contracted to D;

1. 11 billion won;

2. Defendant B: one billion won.

1. The price for taking over the entire facilities of the 2nd underground floor, the 14th ground, the 15th floor, the 15th floor (excluding the facilities, such as electric facilities of underground floors and common electric facilities, machinery rooms, septic tanks, etc. of underground floors);

2. Deposit for lease of the second underground floor, the fourth floor, the fifteenth floor, and the rooftop floor of the instant building;

1. 1.320 million won;

2. A facility for the first, second, third, fourth, five, and sixth underground floors among the instant real estate in the agreement dated August 30, 2010 concluded by Defendant C, which was concluded on August 30, 2010.

1. Amount of acquisition; and

2. Lease deposit;

1. 2.2 billion won;

2. 4D 1.7 billion won and 7.8 billion won and 5.5 billion won and 5.5 billion won and 5.5 billion won of the ownership and possession of 24 residential facilities among 58 residential facilities.

D. On April 11, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”), Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C Co., Ltd. (hereinafter “Defendant C”) and D reported the right of retention to the instant auction court as follows:

E.D declared bankrupt by the Seoul Central District Court on September 29, 2014.

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