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(영문) 대구지방법원상주지원 2015.04.02 2014가합5216
유치권부존재확인
Text

1. With respect to each real estate listed in the separate sheet in the case of the stay of the Daegu District Court C real estate rental auction.

Reasons

1. Basic facts

A. Current status and application for auction of the instant real estate 1) D Co., Ltd. (hereinafter “D”).

Around June 2010, the land listed in Paragraph 1 of the Attached List owned by it (hereinafter referred to as “instant land”).

3) On the ground, Kimchi factory, etc. (in the attached list, buildings are included therein, and all of the above land is “instant real estate”.

(2) After completion of the construction of the kimchi factory, E, the representative director and actual operator of D, transferred the ownership of the instant real estate to F (E) and G (E as F’s children) on June 28, 2013, and the sales contract was revoked because it was clearly stated that the sales contract was a fraudulent act in the lawsuit for revocation of a fraudulent act in the Daegu District Court resident support 2014Kahap174, the Seoul District Court located in D, the creditor of the D, and that the said sales contract was revoked.

3) Meanwhile, on June 28, 2013, the National Bank of Korea registered the establishment of a mortgage over KRW 1.8 billion with respect to the instant real estate as the debtor. On May 13, 2014, the National Bank of Korea filed an application for voluntary auction of real estate based on the said mortgage with residents of the Daegu District Court C, and on May 14, 2014, the registration of voluntary auction of the said real estate was completed on June 14, 2014. After that, on June 2014, the Plaintiff acquired the secured debt from the National Bank of Korea from the National Bank of Korea, and acquired the said mortgage effectively in accordance with the relevant laws and regulations, and completed the registration of the change to the creditor at the auction court. On July 24, 2014, around July 25, 2014, Defendant A filed an application for the registration of the establishment of a mortgage over the instant real estate with respect to the instant real estate, Defendant B, as the contractor of the Kimchi Factory Construction Corporation, and Defendant B filed both the auction Court of Korea.

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