logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.11.02 2018가단214493
유치권 부존재 확인
Text

1. The defendant's right of retention that takes 41,00,000 won as secured claim with respect to real estate listed in the attached list is.

Reasons

Basic Facts

- B obtained a loan from a new bank (hereinafter referred to as “stock company”) and made a registration of the establishment of a neighboring mortgage (hereinafter referred to as “instant collateral security”) with respect to the real estate listed in the separate sheet owned by B (hereinafter referred to as “instant real estate”) with a maximum debt amount of KRW 480,00,000,000, from a new bank, in order to secure the loan obligation, as a result of obtaining a loan from the new bank (hereinafter referred to as “the word “stock company”). On April 30, 2013, the Suwon District Court issued the registration of establishment of a neighboring mortgage (hereinafter referred to as “instant

- C purchased the instant real estate from B and transferred the ownership of the instant real estate to C on December 10, 2014. At the same time, C took over both obligations of loans to a new bank, which is the secured debt of the said collateral security right established on the instant real estate, and accordingly, the registration of change from B to C was made on April 30, 2015 as the receipt of the Suwon District Court Decision No. 21851 on April 30, 2015.

- C delayed repayment of the principal and interest of the above loan obligations, and upon the request of a new bank, which is a collateral security right, a voluntary auction procedure (hereinafter “instant auction procedure”) started on July 14, 2017 with the Suwon District Court Branch D (hereinafter “instant auction procedure”) established on the instant real estate, and the registration of the decision on commencement of auction was completed on July 17, 2017 with the Suwon District Court Branch Branch of Sungwon-nam Branch of Seoul District Court No. 310999.

- On September 1, 2017, a new bank transferred the above loan claim against B to L&A on September 1, 2017, and L&A transferred the above loan claim to the Plaintiff on September 26, 2017. The Plaintiff, a special purpose company established under the Asset-Backed Securitization Act, registered the assignment of claims with the Financial Services Commission in accordance with the said Act, announced in daily newspapers, and transferred the instant collateral security to the Plaintiff. The instant notification of the transfer of the secured claim of this case took place legally.

- During the auction procedure of this case, the defendant has a right of retention in the auction court on September 15, 2017.

arrow