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(영문) 제주지방법원 2014.12.19 2013가단32481
유치권부존재확인의 소
Text

1. As to each real estate listed in the separate sheet, the lien between the Defendant (Appointeds) and the Appointeds shall be all applicable.

Reasons

1. Basic facts

A. On December 8, 2011, the Han Bank established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 2,860,000,000 on each building listed in the separate sheet (hereinafter “instant building”) in order to secure the claim against B.

B. On March 26, 2013, Han Bank filed an application for the auction of real estate rent with the Jeju District Court C regarding the instant building based on the instant right to collateral security, and the said court rendered a decision to commence auction on March 27, 2013 and completed the registration of the entry on the same day.

(hereinafter “instant auction procedure”). C.

The Plaintiff acquired the secured debt of this case from Han Bank Co., Ltd., and reported the creditor's change in the auction procedure of this case.

In the auction procedure of this case, the Defendant (Appointed Party) and the designated parties reported the lien by asserting that they occupy the building of this case on the basis of the secured claim as follows:

1) Defendant (Appointed Party) paid benefits on behalf of B to the employees of the instant building owner, and promised to pay the said amount by subrogation. As such, Defendant (Appointed Party) reported the right of retention on June 17, 2013. In addition, around September 2011, Defendant (Appointed Party) performed the repair work of the instant building and had the claim for the construction price of KRW 512,216,952 (the remainder of the construction price of KRW 326,631,100 and interest interest of KRW 185,852) against B (the remainder of the construction price of KRW 326,631,585,852). On June 10, 2014, Defendant D reported the right of retention on June 10, 2014.

3 Selection saw Co., Ltd. has a claim for the amount of KRW 37,720,00 for the goods price of KRW 37,720,00 for the instant building and the lien on June 17, 2013.

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