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(영문) 광주고등법원 2016.05.18 2015나12665
유치권부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s establishment of the right to collateral security as to each of the instant real estate listed in the Plaintiff’s separate sheet (hereinafter “instant real estate”) (hereinafter collectively referred to as “each of the instant real estate”) between October 31, 2012 and B (hereinafter “fourth-story of each of the instant real estate”) refers to the Plaintiff’s establishment of the right to collateral security as to the instant real estate.

(2) On October 31, 2012, the Plaintiff concluded a mortgage contract with B, setting the maximum debt amount of KRW 2,080,000,000, and the debtor as B, concluded a mortgage contract with respect to each of the above real estates, and completed the registration of creation of a mortgage between Gwangju District Court’s registry No. 211864 on the same day. (2) On October 31, 2012, the Plaintiff concluded a mortgage contract with B by setting the debtor as KRW 6,00,000,000 with respect to each of the above real estates, and completed the registration of establishment of each of the above real estates under Article 218666, which was received by the registry of the Gwangju District Court.

3) On November 6, 2012, between B and B, the Plaintiff entered into a mortgage-backed contract with the debtor as to the instant real estate KRW 6,00,00,000, and the debtor as to each of the instant real estate as B, and on the same day, the Plaintiff completed the registration of establishment of each of the instant real estate as to each of the instant real estate as the receipt of the registration office of the Gwangju District Court No. 21604. B, a creditor of B, as to each of the instant real estate, filed an application for a compulsory auction order with the Gwangju District Court D for each of the instant real estate, and completed the registration of the compulsory auction order from the same court on September 4, 2013.

2. On September 25, 2013, the Plaintiff filed an application for voluntary auction with the Gwangju District Court E regarding each of the instant real estate and received a voluntary decision on commencement of auction from the same court on September 25, 2013, and on the same day, the registration of the entry of the decision on voluntary commencement

(c) Investigations into the status of each of the instant real estate by enforcement officers and their possession relations.

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