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(영문) 제주지방법원 2014.07.24 2013가합1965 (1)
유치권부존재확인
Text

1. It is confirmed that there is no lien of the Defendants on the land listed in the separate sheet.

2.Attachment A list.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the claim and an application for voluntary auction is a corporation established for the purpose of asset-backed securitization business pursuant to the Asset-Backed Securitization Act. 2) The National Federation of Fisheries Cooperatives completed on March 27, 2009 the registration of the establishment of a mortgage (hereinafter “mortgage-backed mortgage of this case”) with respect to the land listed in the separate sheet owned by ero Co., Ltd. (hereinafter “Einam”) (hereinafter “the instant land”), 4,095,000,000 won, and the debtor-paid land (hereinafter “mortgage-backed mortgage of this case”).

3) The Plaintiff entered into an agreement on asset acquisition with the content of taking over the secured claim against ero-Nam and the instant collateral security from fisheries cooperatives, and completed notification of the transfer of claims and registration of asset transfer pursuant to Articles 7(1) and 6(1) of the Asset-Backed Securitization Act. 4) The Plaintiff filed an application for commencement of voluntary auction of the instant land with Jeju District Court D and received a decision to commence voluntary auction from the said court on December 1, 201, and the record registration was completed on the same day.

5) On the other hand, a paro Co., Ltd. (hereinafter referred to as “spawn”) is a paro.

) After purchasing the instant land on November 13, 2006, the Plaintiff purchased the instant land, and then on March 27, 2009, entered the instant land and the building attached thereto (hereinafter “instant building”).

2) As to the ownership of the instant building and the construction of the instant building

B) All of the business rights related to the Defendants were sold. (B) The Defendants’ claims and lien reporting 1) Defendant Sungdong Co., Ltd. (hereinafter “Defendant Sungdong Co., Ltd.”) was awarded a contract for the 909,560,000 won of the construction cost of the instant construction project from the Sungdong Co., Ltd. (hereinafter “Defendant Sungdong Co., Ltd”) on April 24, 2007.

The defendant Sung Ho-sik received 189,360,00 won as the construction price from the par value, and did not receive 720,200,000 won, and the above construction cost claim.

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