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(영문) 서울고등법원 2017.02.07 2014나51086
유치권부존재확인
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

Attached Form

Schedule 1, 5, 7, 8, 10, 11.

Reasons

1. Basic facts

A. When indicating the person related to the case who is a stock company, G (hereinafter “stock company”) newly constructed I (hereinafter “instant housing”) on the H ground of Seocho-gu Seoul Metropolitan Government, and completed the registration of initial ownership on May 21, 2008.

B. On May 21, 2008, G completed the registration of creation of the first priority mortgage (hereinafter “first priority mortgage”) with respect to each of the instant real estate, which is part of the instant housing, on the following grounds: (a) the registration of creation of the first priority collective security (hereinafter “first priority collective security”) in the vicinity of the maximum debt amount of KRW 11.488 billion in the future of the Gyeonggi Mutual Savings Bank (hereinafter “Game Savings Bank regardless of whether it was before or after the mutual change; (b) the registration of creation of the second priority collective security (hereinafter “second priority collective security”) was completed; (c) the registration of creation of the first priority mortgage (hereinafter “Ynam Savings Bank”) with respect to each of the instant real estate, which is part of the instant housing; and (d) the registration of creation of the mortgage (hereinafter “second priority collective security”) prior to or after the mutual change was completed due to each of the Asian asset trust.

C. On June 29, 2010, the Korea Asset Management Corporation completed the additional registration of the transfer of the right to collateral security in the name of Korea Asset Management Corporation on the ground of the transfer of the right to collateral security on the first and second priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority, and filed an application for voluntary auction on each of the instant real estate, and the voluntary auction was commenced to the Seoul Central District Court J of the Republic of Korea on August 24, 2010.

On March 31, 2010, the Defendant (a limited liability company’s seafarer construction industry changed its trade name to a senior comprehensive construction company, and a senior comprehensive construction company organized on March 18, 201, and the Defendant was established by changing the organization on March 18, 2011; hereinafter “Defendant, regardless of whether before or after the mutual change,”) filed a lien report with regard to the right to the construction cost of each of the instant real estate as the secured claim in the instant auction procedure.

E. Meanwhile, with respect to the first priority collective security, July 13, 2012.

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