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광주지방법원목포지원 2019.05.21 2018가합11119
유치권 부존재 확인
Text

1. With respect to each real estate listed in the attached Table 1 list, each claim for the construction cost stated in the attached Table 2 of the Defendants.

Reasons

1. Basic facts

A. On September 29, 2009, the Industrial Bank of Korea established a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in order to secure L’s loan claims (hereinafter “the instant loan claims”) while granting a loan to L Co., Ltd. (hereinafter “L”), as to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”); the land listed in the separate sheet Nos. 1 through 3; and each of the buildings listed in the separate sheet Nos. 4 through 6 “each of the instant buildings”; and the respective buildings listed in the separate sheet Nos. 4 through 6 “each of the instant buildings”).

B. On December 6, 2016, the Industrial Bank of Korea concluded a contract to transfer assets, including the instant loans, to M Co., Ltd. (hereinafter “M”) in accordance with an asset-backed securitization plan.

M on December 28, 2016, transferred all the rights and obligations of the transferee under the asset transfer contract to the Plaintiff.

C. On December 28, 2016, the Plaintiff and the Industrial Bank of Korea registered the transfer of assets, including the instant loans, to the Financial Services Commission pursuant to Article 6(1) of the Asset-Backed Securitization Act, and thereby, the Plaintiff succeeded to and acquired the instant right to collateral security in accordance with Article 8(1) of the same Act.

On December 28, 2016 and January 4, 2017, the Industrial Bank of Korea issued the notice of the transfer of the instant loan claims to L via content certification, and around that time, publicly announced the transfer of the instant loan claims through two daily newspapers.

E. On February 21, 201, with respect to each of the instant lands upon application by the Industrial Bank of Korea, voluntary auction had been initiated on April 22, 201, with respect to each of the instant buildings as the wooden Branch NO of the Gwangju District Court on February 21, 201.

(f) Defendant D, E, F, J, and K have the claim for construction price as to L in each of the instant auction procedures.

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