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(영문) 수원지방법원안산지원 2013.12.12 2013가합2594
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On October 16, 2012, the Plaintiff, who is a mortgagee, filed an application with the Suwon District Court, rendered a decision to commence the auction of each real estate as to each real estate listed in paragraphs (3) and (4) of the attached Tables 1 and 2, as to each real estate listed in the attached Tables 9 and 10 on October 16, 2012, as to each of the real estate listed in the attached Tables 9 and 10 on October 16, 2012, as Suwon District Court, as to each real estate listed in paragraphs 3 and 4 of the attached Tables 3 and 2012, as Suwon District Court, as Suwon Branch Branch Branch Branch Branch of the Suwon District Court, (4) regarding each real estate listed in paragraphs 5 and 6 of the attached Tables 5 and 6 on November 14, 2012, as Suwon Branch Branch Branch Branch of the Suwon District Court, and (5) regarding each real estate listed in paragraphs 7 and 8 of the attached Tables 14.

B.1) A around October 2012, Defendant A reported a lien with the claim for construction cost of KRW 620 million as the secured claim in the D, F, and E real estate auction case. (2) Defendant B reported a lien with the claim for construction cost of KRW 120 million as the secured claim around November 2012. (3) Defendant B reported a lien with the claim for construction cost of KRW 120 million as the secured claim in the D, F, G, and H real estate auction case.

3) Around November 2012, Defendant C reported a lien with the claim for the construction cost of KRW 60,920,000 as the secured claim in the case of D, F, and E real estate auction. 4) Defendant Geumsung Pawd Co., Ltd. (hereinafter “Defendant Geum Pawd”) reported a lien with the claim for construction cost of KRW 38,420,00 as the secured claim around November 2012.

[Ground for recognition] Evidence Nos. 2-1, 2, 4-1, 2, 6-2, 1, 8-1, 2, 10-1, 2, 10-2, 11-1 through 5, 12-1, 2, 13-1 through 4, 14-1, 2, 15-1, 15-2, and 2, and the purport of the whole pleadings

2. The parties' assertion

A. For the following reasons, there is no lien on each real estate listed in the separate sheet of the Defendants for the following reasons by the Plaintiff.

1) The Defendants shall develop this convenient industry (hereinafter referred to as “equitable industrial development”).

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