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(영문) 춘천지방법원원주지원 2017.10.26 2016가합5937
유치권부존재확인의 소
Text

1. Attached Form B, which the Defendant reported on May 9, 2016, in the Chuncheon District Court’s original real estate auction case B, to the original real estate auction case.

Reasons

1. Basic facts

A. On March 26, 2012, the National Bank Co., Ltd. completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet Nos. 1 and 2, as indicated in the separate sheet No. 1,800,000,000, and the establishment of a mortgage on each real estate listed in the separate sheet No. 1 and 2, as indicated in the separate sheet No. 307,200,000, and as indicated in the debtor C, respectively.

B. On March 11, 2016, the National Bank of Korea applied for a voluntary auction on each real estate listed in the separate sheet, and on March 14, 2016, the original branch of the Chuncheon District Court rendered a voluntary decision to commence the auction on March 14, 2016, and the auction procedure (hereinafter “instant auction procedure”) is in progress with respect to each real estate listed in the separate sheet to the same court B.

C. On May 9, 2016, the Defendant reported a lien at which the claim for construction cost of KRW 1,670,000,000 as the secured claim was filed in the instant auction procedure.

The Plaintiff acquired the claim against C of the National Bank Co., Ltd.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Summary of the parties’ assertion

A. Even if the contract was not concluded between the Plaintiff and C, and the contract was effective, the Defendant’s claim for the construction payment against C was extinguished by prescription.

Therefore, the defendant does not have a claim for construction cost equivalent to KRW 1,670,000,000 against C, which is claimed as a claim secured by the lien.

In addition, the Defendant cannot be deemed to have occupied each real estate listed in the separate sheet prior to the ruling on commencing the auction procedure of this case.

Therefore, there is no lien on each real estate listed in the defendant's attached list.

B. The contract was concluded between the Defendant and C, and the Defendant completed the construction work.

The extinctive prescription of the Defendant’s claim for the construction cost against C was interrupted by C’s acceptance of debt.

The defendant has not yet been decided to commence the auction through his employees until now.

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