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(영문) 의정부지방법원 2018.12.20 2017가단124297
유치권 부존재 확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is owned by the G Educational Association representing Nonparty F as the representative of Nonparty F (hereinafter “G Educational Association”).

B. From July 31, 2009 to July 2013, F was a member of the H principal meeting of the H principal meeting (hereinafter “H principal meeting”). Around April 8, 2011, H principal meeting concluded a comprehensive collateral guarantee agreement with the Plaintiff (the former trade name was “stock company I,” and the trade name was changed as of January 2, 2013) to grant a loan of KRW 2.6 billion as of May 8, 2012 from the Plaintiff (the former trade name was changed to the current trade name), and the G principal concluded a joint and several guarantee agreement with the maximum of KRW 3.458 billion with the debt of the instant loan up to the amount of KRW 3.458 billion on the same day.

C. On August 29, 2014, the Plaintiff was provisionally seized each of the instant real estate on August 29, 2014, and on June 28, 2017, the registration of the entry of the decision to commence compulsory auction was completed on the same day upon receipt of the decision to commence compulsory auction by J of the District Court.

(hereinafter “instant auction procedure”). D.

In the instant auction procedure, on September 8, 2017, the Defendants reported the lien by designating the following claims as the secured claim.

① Defendant B: (2) KRW 11,00,000,000,000,000 for the interior work price claim for the playground construction of the building in the attached Table 4 of the attached Table 4; and (3) Defendant D: Defendant E: The claim for the waterproof and for the installation of a three-dimensional construction work claim for the building in the attached Table 4 of the attached Table 4; and (4) Defendant E: The fact that there is no dispute over KRW 11,00,000,000 (which is the ground for recognition); each entry in the attached Table 4 of the attached Table 4 of the attached Table; the purport of each of subparagraphs 1 through 9 (including each number); and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The Plaintiff’s assertion Defendants did not have a lien on each of the instant real estate. As such, the Defendants asserted a lien and possessed it, they seek confirmation of existence of the lien against the Defendants.

B. The Defendants asserted against the Defendants are each of the instant cases from the Gintersing Association.

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