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(영문) 울산지방법원 2015.12.16 2015가합20144
유치권부존재확인
Text

1. Claim 2,617,032,630 won for each real estate listed in the separate sheet shall be the secured claim.

Reasons

1. The Plaintiff, on July 24, 2013, extended a loan of KRW 7.3 billion (hereinafter “instant loan”) to D, the owner of the instant real estate (hereinafter “instant real estate”) as indicated in the separate sheet on July 24, 2013, and on the same day, set the right to collateral security of KRW 9,240,000 to the entire maximum debt amount on the instant real estate.

D A. Around December 17, 2013, the Plaintiff received a decision of voluntary commencement of auction on the instant real estate from the Ulsan District Court (E) and the Defendants asserted the claims under Paragraph (1) of this Article, and reported a lien on the instant real estate in the auction procedure conducted thereafter.

On October 29, 2015, the Plaintiff withdrawn an application for voluntary auction, and again filed an application for voluntary auction concerning the instant real estate with the Ulsan District Court on October 29, 2015, and received a decision to commence voluntary auction on November 1, 2015 (a consolidation of G auction cases requested by F and other creditors, and is proceeding together as of the date of closing argument of the instant case).

2. The defendants' assertion

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a contract with the instant real estate newly built construction and the human test construction after being awarded a contract with D, and concluded that Defendant A received only the remainder of the said amount after deducting the remainder of KRW 274,070,000,000, excluding value added tax, and value added tax, from KRW 680,000,000,000 for the artificial construction work, including value added tax, and KRW 21,962,630,00 for the provisional registration, and the construction cost that has been paid up to 5,784,093,000,000, which includes KRW 230,000,000,000 from the Plaintiff. However, Defendant A received KRW 274,070,000 from the preservation registration cost.

2,617,032,630 won is the remaining amount if the deduction is made.

In order to receive the above remaining amount, Defendant A occupied the instant real estate from the time of completion of the said new construction work and the interior work.

B. Defendant B, et al.

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