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(영문) 인천지방법원 2017.10.27 2017가합53230
유치권 부존재 확인
Text

1.(a)

Attached Form

As to each real estate entered in the list, KRW 67,193,528 shall be applied.

Reasons

1. Determination on the claim against Defendant 1, Co., Ltd. Newly known CD-ROMs

A. Basic facts 1) The Plaintiff, on April 13, 2012, extended a loan to A ( principal of KRW 580,000,000 per annum, annual interest rate of KRW 9% per annum, interest rate of KRW 16% per annum, and interest rate of KRW 18% per annum), is limited to the Defendant Incorporated Incorporated Incorporated Co., Ltd., Ltd. (former trade name: Afaxex, Incorporated Incorporated Co., Ltd., Ltd., and hereinafter “Sc

(2) As to each real estate listed in the separate list Nos. 1, 2, 3, 5, and 9, the maximum debt amount is KRW 754,00,00,000, the debtor A, and the mortgagee, respectively, completed the registration of creation of a new mortgage; on April 28, 2016, the maximum debt amount is KRW 754,00,000 for additional contract on April 28, 2016; and on each real estate listed in the separate list Nos. 10 and 11 owned by the debtor, the obligor, and the mortgagee, respectively, registered the establishment of a new CD panel (hereinafter referred to as the “Defendant CD panel”) with the Incheon District Court, for a compulsory auction on each real estate listed in the separate list Nos. 1 through (9).

3) On May 3, 2016, the Plaintiff applied for a voluntary auction of each real estate listed in attached Tables 1, 2, 3, 5, 9, 10, and 11 to the Incheon District Court C, and applied for a voluntary auction of each real estate listed in attached Tables 1, 2, 3, 5, 9, 10, and 11. On the same day, the compulsory auction case was consolidated with the above compulsory auction case. On May 2, 2016, when the auction procedure of this case was in progress, the Defendant New Rocogs Association implemented the new construction work, etc. of each real estate listed in attached Tables 1, 3, and 520 (principal principal 143,40,000, interest and 56,328,520) on each of the real estate listed in attached Tables 1, 3, and 520 won, and asserted that each of the above real estate was not acquired.

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