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(영문) 서울중앙지방법원 2015.11.11 2015가합508476
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet, A:

Defendant A-485,000.

Reasons

1. Basic facts

A. The Plaintiff’s future credit cooperatives (F) on October 11, 2012

2) At the time of the lending of KRW 290,00,00 to [the representative director at the time of the lending of KRW 290,000,00 and each of the real estates listed in the [Attachment] List owned by F as collateral (hereinafter the above real estates shall be referred to as "ho Lake" according to the number of units, and all of the real estates shall be referred to as "each of the buildings of this case" as a whole) was set up as a collateral.

B. On the same day, Plaintiff Hanam Credit Union loaned KRW 418,00,000 to E, and received as security each of the instant units of each of the instant units of each building set forth in 202, 204, 205, 302, 304, 305, 402, 403, and 405.

C. The Plaintiffs were unable to pay the above principal and interest obligation from E, and filed an application for the auction of real estate for each of the instant buildings based on each of the instant collateral mortgages with the Government District Court G and H around August 9, 2013. The Plaintiff’s future credit cooperatives received voluntary orders to commence auction as to August 201, 2013, 203, 203, 301, 303, 401, and 404 as to subparagraph 202, 204, 205, 302, 304, 305, 304, 302, 305, 402, 402, 403, and 405, respectively, and the registration of the commencement of auction was completed on the same day.

C. In the above auction procedure, the Defendants asserted that they did not receive any claim for the construction price stated below even though they completed each of the construction works of this case from F, and reported the lien (hereinafter “each of the instant lien”) as to each of the instant buildings.

The Defendant reported the content of the claim (won) on October 17, 2013, A 291,000,000 for the remainder of the construction work on October 17, 2013 ( Claim as KRW 485,000,000,000) B on October 15, 2014. D on October 15, 2014, 130,000,000 of the construction cost of reinforced concrete C on October 15, 2014, including the construction cost of tidal work, 130,00,000,00 D on November 24, 2014.

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