logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.06.20 2013가합53427
유치권부존재확인
Text

1. Ascertainment that no lien exists with respect to each real estate listed in the Defendant’s separate sheet.

2...

Reasons

1. In this Court’s voluntary auction case on each real estate listed in the separate sheet, which is owned by B of the premise facts, the Plaintiff is an auction creditor who has taken over claims and collateral security against B of the National Bank of Korea, and the Defendant is a lien reporter who has taken over the claim for the construction

[Ground of recognition] No dispute, entry in Gap evidence 1 to 3

2. Whether a lien exists;

A. The records or images of the evidence Nos. 1 and 2 are insufficient to recognize that the Defendant possessed the instant real estate in order to preserve and preserve the claim for construction cost against B, and there is no other evidence to acknowledge it.

B. Rather, according to the evidence evidence Nos. 2, 4, and 5, the defendant did not specify the amount of the preserved claim at the time when the right of retention was reported, and did not attach the construction contract document (which was not submitted to this court). The defendant and the former representative director of the defendant company submitted the application for exclusion that the defendant reported the right of retention without legitimate rights to the auction court.

C. Ultimately, the Defendant does not have a lien on the instant real estate.

3. citing the Plaintiff’s claim.

arrow