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(영문) 서울고등법원 2016.03.30 2015나2069943
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. On September 8, 2010, the Plaintiff loaned KRW 2 billion to C Educational Association of Religious Organizations (hereinafter “C Educational Association”). On the same day, the Plaintiff concluded a mortgage agreement with C Educational Association on the same day, and completed the registration of establishment of each of the real estates listed in the separate sheet owned by C Educational Association (hereinafter “each of the instant real estates”), with regard to each of the instant real estates listed in the separate sheet owned by C Educational Association (hereinafter “each of the instant real estates”).

(hereinafter “instant collateral security”). B.

After that, on May 24, 2013, the registration of ownership transfer was completed in the name of the E Religious Organization FIE (hereinafter “FIE”)’s FIE (hereinafter “FIE”), and on March 5, 2014, there was a decision to voluntarily commence auction to Suwon District Court G upon the Plaintiff’s application on March 5, 2014, and the said decision to commence auction was registered on the same day.

C. On December 1, 2014, the Defendant reported the lien at the above auction procedure. The secured debt of the lien reported by the Defendant is the claim for construction work equivalent to KRW 220 million based on the remodeling construction contract for the real estate listed in the [Attachment 2] No. 2 concluded on October 21, 201 (hereinafter “instant building”) between the Fluent Association and Fluent Association (hereinafter “instant building”).

[Ground of recognition] Facts without dispute, Gap's 1 to 4, and Gap's 7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. 1) The Defendant did not possess each of the instant real estate prior to the registration of the decision on commencing auction on each of the instant real estate, and did not hold any claim for the construction cost on each of the instant real estate. Therefore, there is no lien on each of the instant real estate. 2) The Defendant owned the claim for the construction cost, which is the secured claim of the lien on each of the instant real estate, and accordingly, occupied and managed each of the instant real estate directly or through H and J, each of the instant real estate.

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