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(영문) 서울중앙지방법원 2014.11.07 2013가합541721
유치권부존재확인
Text

1. There is no lien on each building listed in the attached list Nos. 4, 5, 7, 8, 10, and 12 of the defendant's list.

Reasons

1. Basic facts

A. 1) Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) (hereinafter “Ynam Savings Bank”), including the establishment of the instant right to collateral security and the commencement of voluntary auction procedures.

On September 26, 2013, the Youngnam Savings Bank was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the Plaintiff was appointed as the bankruptcy trustee and taken over the instant lawsuit.

Where it is not necessary to distinguish not more than hereinafter, it shall be limited to "Plaintiff" in total, including before and after taking over litigation.

on July 22, 2009 (hereinafter referred to as “mining construction”) is a mining construction company.

(2) Each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) shall be referred to as “each of the buildings of this case”) in order to secure the principal and interest of interest of this case

As to the maximum debt amount of KRW 4.2 billion, the right to collateral security with the maximum debt amount (hereinafter “instant right to collateral security”).

(2) On December 26, 2010, Youngnam Savings Bank established a mortgage of this case and secured debt of this case to the Korea Asset Management Corporation. (2) On the other hand, the Commercial Mine Construction failed to repay the principal and interest of loan under the above 1). As the creditor Asset Management Corporation did not pay the repayment of the principal and interest of loan of this case, the creditor Asset Management Corporation is Seoul Western District Court B with regard to each of the buildings of this case based on the instant secured mortgage of this case.

(3) On April 11, 2013, the Korea Asset Management Corporation filed an application for the instant voluntary decision on commencement of auction on February 24, 2012, and the registration of the entry of the instant voluntary decision on commencement of auction was completed. The Korea Asset Management Corporation re-transfer the instant collective security right and the instant secured claim to the Yong-Nam Savings Bank.

B. On April 16, 2012, the Defendant reported the right to the claim for construction cost of KRW 4.3 billion to each of the instant buildings during the instant voluntary auction procedure. On August 20, 2012, the said auction court rendered a decision to exclude the Defendant from interested parties in the said auction procedure on the ground that the said lien is false. 2)

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