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(영문) 광주지방법원 2015.06.04 2014가합57275
유치권부존재확인
Text

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

A. Defendant Opy Industry Development Co., Ltd. 541,500,000

Reasons

1. Basic facts

A. On October 31, 2012, the Plaintiff: (a) each real estate listed in the separate sheet with Nonparty B on October 31, 2012 (hereinafter “instant building”); and (b) each real estate listed in the separate sheet with the Plaintiff.

(2) On October 31, 2012, the Plaintiff concluded a contract to establish a collateral security with respect to the building Nos. 1 through 17 as the maximum debt amount, KRW 2,080,00,000, and KRW 211864, respectively, on the same day, and concluded the contract to establish a collateral security (hereinafter referred to as “mortgage”) with the obligor B, and subsequently, concluded the contract to establish a collateral security (hereinafter referred to as “the maximum debt amount”) with respect to the building Nos. 18 through 140,000 among the instant building (hereinafter referred to as the “instant building”) with the obligor, and subsequently, concluded the contract to establish a collateral security (hereinafter referred to as the “mortgage”).

3) On November 6, 2012, B, and 141 through 146 among the instant buildings, the Plaintiff concluded a mortgage additional contract with the maximum debt amount of 6,00,000,000 won, and on the same day, concluded a mortgage additional contract with the debtor B, and thereafter, the Plaintiff completed the registration of establishment of each collateral security under Article 21604 of the above court’s receipt of the above court. (B) Nonparty C, the creditor of B, filed an application for compulsory auction against the instant building with the Gwangju District Court D on September 4, 2013, filed an application for compulsory auction and received a decision of compulsory commencement from the above court, and on the same day, the registration of compulsory commencement of auction was completed with respect to the instant building.

2. On September 25, 2013, the Plaintiff filed an application for voluntary auction on the instant building to Gwangju District Court E, and received a decision to commence voluntary auction from the said court, and on the same day, the Plaintiff registered the decision to commence voluntary auction on the instant building.

C. On September 9, 2013 to September 13, 2013, and September 16, 2013, an execution officer to investigate the current status of the instant building and the status of possession of the instant building. According to the investigation report, he/she investigated the current status, etc. of possession of the instant building from September 9, 2013 to September 13, 2013.

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