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(영문) 의정부지방법원고양지원 2016.04.08 2015가합74411
유치권부존재확인
Text

1. With respect to each real estate listed in the separate sheet Nos. 1 to 3, each lien of the Defendants exists.

Reasons

1. Facts of recognition;

A. On March 2, 2012, the National Bank Co., Ltd.: (a) completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to each real estate listed in the separate list owned by J, in which the maximum debt amount is KRW 1.56 billion; and (b) the debtor J.

B. On May 6, 2013, the National Bank Co., Ltd. received a voluntary decision to commence auction on each real estate listed in the separate sheet as K with the Government District Court on the same day, and completed the entry registration on the same day.

(hereinafter referred to as "the auction procedure of this case" (hereinafter)

On the other hand, on June 2013, the National Bank Co., Ltd. transferred the instant collateral security and the secured debt to a limited company specializing in the instant securitization, and notified the J of the transfer thereof. On July 10, 2015, the case information limited company transferred the instant collateral security and the secured debt again to the Plaintiff and notified the J of the transfer on July 29, 2015.

The claim reported by the person who has reported the right of retention, and the claim and packing of the real estate stated in Section 1, 2, and 3 of Annex B of Annex B of the lien, and the interior floor and painting of the real estate stated in Section 1, 2, and 3 of Annex B of Annex B of the lien, and the inner floor and painting construction cost of KRW 72,100,000,000,000,000,000,000 for the construction cost of the real estate stated in Section 1, 2, and 3.5 million,000,000,000,000,000 won for the construction cost, shall be stated in Annex I, 2, and 3,747,00,000 won for the expansion of access roads and landscaping construction work for the real estate listed in Section 1, 2, and 3,50,000,00 won for the construction work, and the list of the attached Form No. 1, 2, 31,2814.

D. The Defendants asserted that they had the following claims during the instant voluntary auction procedure, and reported the lien as the secured claim.

[Based on recognition] Defendant B, F, and I.

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