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(영문) 서울남부지방법원 2014.09.04 2013가합106858
유치권 부존재 확인의 소
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet;

2...

Reasons

1. Basic facts

A. On January 4, 2008 and April 29, 2009, the new bank established a right to collateral security on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as security while lending money to B on April 4, 2008.

B. Around March 201, the Defendant leased each of the instant real estate from B, C, and D, as well as from C, Yangcheon-gu Seoul, E, 102, 102, 102, and C, owned by C, the Yangcheon-gu Seoul, E, 103, 103, and 103, respectively, and operated a fitness from the leased object with the trade name “F emblem”.

(hereinafter “instant lease agreement” between the Defendant, B, C, and D, and the entire leased object is “the instant store”). C.

In order for New Bank Co., Ltd. to fail to repay its loan obligations, it applied for a voluntary auction of real estate to G in this court on the basis of the right to collateral security stated in the above paragraph (a), and received a voluntary decision to commence auction on May 27, 2013 from this court.

The registration of the entry of the instant real estate was completed on the same day.

(hereinafter referred to as “instant auction procedure”. D.

On July 16, 2013, New Bank Co., Ltd. transferred the aforementioned collateral security and secured debt to the Plaintiff, and the Plaintiff filed a report on the change from New Bank Co., Ltd. to the Plaintiff from the creditor of the instant auction procedure to the Plaintiff.

E. On August 5, 2013, the Defendant spent KRW 1,150,00,000 for each of the instant real estate leased by the Defendant from B at the instant auction procedure, while having reported the right of retention as the secured claim.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant asserted as the secured claim of the lien on each of the instant real estate.

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