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(영문) 의정부지방법원고양지원 2016.05.13 2015가합71955
유치권부존재확인
Text

1. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On February 1, 2013, our bank (hereinafter “Korea bank”) concluded a mortgage-backed contract with Oralacing as secured claim for a loan to the Oralacing Center (hereinafter “ Oralacing”). On February 1, 2013, it concluded a mortgage-backed contract between Oralacing and Oralacing, and on the land listed in the attached Table 1 through 3 (hereinafter “instant land”) and the building listed in the attached Table 4 and 5 (hereinafter “instant building”), which is owned by Oralacing, as well as the building listed in the attached Table 4 and 5 (hereinafter “instant real estate”). On February 1, 2013, the Daejeon District Court issued the registration of the establishment of a mortgage-backed establishment as of February 1, 2013 (hereinafter “instant real estate”).

B. On January 21, 2014, regarding the instant real estate, a creditor B of Oralacleing filed an application for a compulsory auction and the registration of the decision to commence compulsory auction was completed on January 21, 2014. Our bank also filed an application for a voluntary auction based on the foregoing collateral security, and the registration of the decision to commence voluntary auction was completed on July 11, 2014, and the auction procedure is underway.

[Seosan Branch C, D (Dual), E (Dual)].

On December 17, 2014, our bank transferred the right to collateral security and the secured debt thereof to the Yonhap Asset Management Co., Ltd., and on December 30, 2014, the Yonhap Asset Management Co., Ltd. transferred the right to collateral security and the secured debt thereof to the Plaintiff.

In the above auction procedure, Defendant Han Chang Construction Co., Ltd. (hereinafter “Defendant Han Chang Construction”) secured the claim for the construction cost of KRW 1,960,000,000 (hereinafter “instant claim for the construction cost of the building”). Defendant Han Chang Construction Co., Ltd. (hereinafter “Defendant Han Chang Construction”) as the claim for the construction cost of the instant land = 1,196,820,820,000 Won for interest in arrears of KRW 146,70,000 for interest of KRW 146,70,000 for interest of KRW 1,196,820,000 for construction cost of the instant land.

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