logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.06.12 2020가단101545
유치권 부존재 확인
Text

1. The defendant's secured claim of KRW 277,148,00 as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 4, 2018, Co., Ltd. completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with respect to each real estate listed in the separate sheet, which is owned by D (hereinafter collectively referred to as the “instant real estate”), the debtor E and the maximum debt amount of which are KRW 750 million.

B. On April 29, 2019, the Ulsan District Court F, F, upon C’s application, commenced an auction procedure for exercising the security right to the instant real estate.

C. On May 9, 2019, the Plaintiff acquired the instant right to collateral security from C, and completed the supplementary registration of the instant real estate transfer on the same day.

The defendant shall be on September 6, 2019 and b.

In the auction procedure described in Paragraph (1), the court reported that there was a lien of KRW 277,148,000 for the construction cost of the instant real estate as the secured claim.

E. On October 4, 2018, prior to the registration of the establishment of the instant neighboring property, the G Association (hereinafter “G Association”) received a written waiver of the right of retention from the Defendant, and completed the registration of the establishment of a neighboring mortgage with respect to the instant real estate as the debtor D and the maximum debt amount of KRW 780 million.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The key issue of the instant case is that the Defendant already renounced the right of retention, and as such, the Defendant asserts that there is no right of retention of the Defendant with respect to the instant real estate, the Defendant asserts that the waiver of the right of retention is only effective against the G Union, and that the Plaintiff still has the right of retention against the Plaintiff.

Therefore, the issue of this case is whether the defendant's waiver of the right of retention against G Cooperatives has a detailed effect.

B. Although the right of retention is a statutory security right, it is merely a means of collateral security for the benefit of creditors.

arrow