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(영문) 의정부지방법원고양지원 2014.04.25 2013가합52158
유치권부존재 확인 청구의 소
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1. The lawsuit against the construction of defendant macroscop company shall be dismissed;

2. Defendant as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On February 1, 2011, the Plaintiff loaned KRW 460 million to Nonparty B (hereinafter “instant loan”). As security, the Plaintiff completed the registration of creation of a neighboring forest and the registration of creation of superficies in the amount of KRW 598 million with respect to the maximum debt amount of KRW 17,000,000,000 to the non-party 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

B. On October 24, 201, the Plaintiff filed an application for a voluntary auction on the instant real estate, and received overdue interest on October 24, 201, and withdrawn the said request for auction on June 13, 2012. After which the Plaintiff delayed the performance of the principal and interest loan obligation of the instant real estate, the Plaintiff filed an application for a voluntary auction on the instant real estate, and on October 26, 201, the auction procedure is currently in progress after receiving a decision to commence the voluntary auction (hereinafter “the second voluntary auction procedure”).

C. (1) On December 28, 2012, Defendant A reported the lien with the claim for construction cost of KRW 75.6 million as the secured claim regarding the instant real estate.

(2) On July 10, 2013, Defendant LAD Co., Ltd. (hereinafter “stock company”) reported a lien on the instant real estate with the claim for construction cost of KRW 1.256 billion as the secured claim, but withdrawn the above lien report on September 2, 2013.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. In a lawsuit seeking confirmation of the judgment on the lawsuit against Defendant Chye Construction, the benefit of confirmation is a dispute between the parties regarding the legal relationship subject to the lawsuit, and the plaintiff's legal status is at risk of unstable.

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