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(영문) 대전지방법원홍성지원 2014.07.03 2013가합1638
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Reasons

1. Basic facts

A. On February 22, 2008, Plaintiff Hodong Credit Union, Daejeon Pream Credit Union, and Seo-gu Daejeon Credit Union (Korean Credit Union merged with, and dissolved on April 24, 2014, during the instant lawsuit, took over the lawsuit of Seo-gu Daejeon Credit Union; hereinafter “Plaintiffs” in combination with other Plaintiffs and Seo-gu Credit Union or litigants) shall lend money to B on February 22, 2008 (including Plaintiff Hodong Credit Union 65 million won, Seo-gu Credit Union 5 million won, Plaintiff Daejeon High Credit Union 200 million won, and 200 million won, Plaintiff Daejeon High Credit Union 2 through 9, 13 through 16, each of the real estates listed in [Attachment List 206, 406, 100, 1696, 1000 won, and 200,000 won).

B. Since then C purchased each of the above real estate from B, acquiring the collateral obligation of the pertinent collateral, and completed the registration of modification of the right to collateral security by contract acceptance as of November 3, 2008, the Daejeon District Court's Seo-gu District Court's registration office, which received on November 3, 2008, and completed the registration of modification of the right to collateral security by contract acceptance as of November 3, 2008. On the other hand, each of the above real estate registered in the name of D (each of the above real estate on which the right to collateral security was established as of the above; hereinafter referred to as "the instant training center") purchased each of the above real estate listed in the attached list, and completed the registration of establishment of additional collateral under the name of the Plaintiffs as of November 3, 2008 as of November 3, 2008.

(hereinafter referred to as the “instant collateral security” in combination with the said paragraph (a).

The Plaintiffs filed an application for a voluntary auction of the instant training center with the Daejeon District Court Red Branch F, based on the instant right to collateral security, and accordingly, the said court rendered a voluntary decision to commence the auction of the instant training center on April 5, 2013, and on the same day.

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