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(영문) 인천지방법원 2014.08.13 2014가합51325
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist with respect to the real estate stated in the annexed sheet.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

On May 201, Nonparty B obtained a loan from the National Bank of Korea (hereinafter “National Bank”), and created a right to collateral security of KRW 3,900,000,000 with respect to the immovable property indicated in the [Attachment] owned by the National Bank of Korea (hereinafter “instant real property”).

On June 29, 2012, according to the application for voluntary auction by the National Bank, the procedure of voluntary auction was initiated to the Incheon District Court C with respect to the real estate in this case.

(hereinafter “the instant auction procedure”). On December 4, 2012, a national bank transferred a loan claim against B to the Yonhap Asset Management Co., Ltd., and the Yonhap Asset Management Co., Ltd. transferred the above loan claim to the Plaintiff on December 28, 201, and the national bank notified B of the transfer of the above claim.

On April 20, 2011, the Defendant leased the instant real estate from B, and performed repair and maintenance works to run hotel business, and began the tourist hotel business with the trade name “D” on August 24, 2011.

On November 21, 2013, the Defendant reported a civil lien or commercial lien on the instant real property based on the lease deposit claim in the amount of KRW 1,500,00,000 on the instant real property, as follows: (a) in the instant auction procedure on November 21, 2013, the Defendant reported the necessary or beneficial claim in an amount of KRW 313,120,000,000 paid for the installation of main pipes, sanitary apparatus installation, substitute stone installation, roof air conditioners installation, system air conditioners and cooling equipment installation, fire-fighting equipment, fire-fighting equipment, miscellaneous ( iron stairs, studs, straws, automatic door, reinforcement), light steel frame installation (parkings, walls, partitionss), light steel frame installation (parkings, parking lot ceiling, walls, and partitionss), and the amount of KRW 1,50,00.

[Ground of recognition] In the absence of dispute, Gap 1 through 6 evidence, the necessity for judgment as to the existence of the right of retention in the entire pleadings, or the claims for useful costs, the right of retention is first claimed by the defendant, and whether the renovation and repair works, which served as the basis of the claim for necessary or useful costs, have been established.

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