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(영문) 수원지방법원 2015.05.19 2014가합8496
유치권부존재확인
Text

1. All the lawsuits of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the costs of lawsuit, the Plaintiff’s part relating to the principal lawsuit.

Reasons

1. Facts of recognition;

A. On June 22, 2011, Korea Agricultural Cooperative completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) with a maximum debt amount of KRW 3,601,00,000 with respect to each of the instant real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

B. C’s failure to repay the instant loan, and the Jeongnam Agricultural Cooperative filed an application for voluntary auction of each of the instant real estate based on the instant collateral security right with the Suwon District Court D, and received a voluntary decision to commence auction on August 26, 2013.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On November 8, 2013, the Defendant reported a lien to the effect that the Defendant acquired a claim for the construction cost equivalent to KRW 607,336,370 regarding each of the instant real estate as the secured claim in the instant auction procedure. D.

During the instant auction procedure, on November 29, 2013, Jeongnam Agricultural Cooperative transferred the Plaintiff’s credit to the Plaintiff, including the instant loan, and notified C of the transfer on the same day. Accordingly, on January 10, 2014, the additional registration of the transfer of the right to collateral security based on the transfer of the said confirmed claim was completed in the future of the Plaintiff, and the Plaintiff succeeded to the creditor’s status by filing a request for resumption at the instant auction procedure.

E. After July 24, 2014, the Plaintiff transferred to the Intervenor’s succeeding to the Plaintiff the claim for loans to C, including the instant loan, and notified the Plaintiff of the transfer on August 1, 2014. Accordingly, on the same day, the supplementary registration of the right to collateral transfer based on the said contract transfer was completed in the future of the Intervenor succeeding to the Plaintiff. The Plaintiff’s succeeding intervenor succeeded to the status of the obligee upon filing an application for change of the obligee in the instant auction procedure.

F. On August 2014, the executing court shall grant each of the instant real estates.

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