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(영문) 창원지방법원진주지원 2015.05.27 2013가합617
유치권부존재
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On July 31, 2007, in order to secure a claim against Han Bank Co., Ltd. (hereinafter “I Bank”), the Han Bank completed the registration of creation of a mortgage (hereinafter “mortgage”) on each land listed in the separate sheet Nos. 1 through 40 (hereinafter “each land of this case”) in the separate sheet Nos. 3,900,000,000, the debtor’s new interest development, and the debtor’s new mortgage bank.

B. Upon delay in the auction procedure of this case’s delay in performing the obligation, Han Bank filed an application for a compulsory auction (hereinafter “instant auction procedure”) with respect to each of the instant real estate as to the compulsory auction (hereinafter the above voluntary auction procedure and the compulsory auction procedure) as to each of the instant real estate as set forth in attached Table C in this Court’s position as a general creditor against new interest development (hereinafter “instant building”). On March 21, 2012, the court rendered a decision to commence each of the instant real estate as to each of the instant real estate, and on March 22, 2012, registered each of the instant real estate as to each of the instant real estate as to each of the instant real estate.

C. On September 6, 2012, the Plaintiff’s acquisition of the instant right to collateral security (hereinafter “the instant right to collateral security”) acquired the instant right to collateral security from one bank, and the Plaintiff, with the consent of one bank on September 27, 2012, took over the status of the assignee of the instant right to collateral security (hereinafter “the right to collateral security”). On October 2, 2012, one bank notified the fact that it transferred the right to collateral from one bank to another, which is the debtor, to another on October 2, 2012. The said notification reached a new interest development at that time, and Article 8 of the Asset-Backed Securitization Act reaches a credit secured by the mortgage.

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