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(영문) 의정부지방법원 2016.10.27 2015가합56472
유치권부존재 확인의 소
Text

1. It shall be linked to the real estate listed in the annexed list and 136,000.

Reasons

1. Presumed factual basis

A. As to each real estate listed in the separate sheet (hereinafter “new bank”), the new bank (hereinafter “new bank”) completed the registration of the establishment of a neighboring real estate (hereinafter “each of the instant real estate”) with respect to the registration of the establishment of a mortgage on July 20, 2007, under the title No. 546,000,000 of the maximum debt amount, the debtor C, and the registration of the establishment of a mortgage on March 5, 2008, under the title No. 8778 of the same registry office, which was received on March 5, 2008.

(B) The joint collateral security on April 17, 2008 is changed since the land of 9,170 square meters of D forest land is partitioned into each land listed in the attached list 2 and 3.

The registration of the establishment of a neighboring mortgage was changed from C to B on March 28, 2011 by the debtor due to the takeover of the contract from C.

(No. 1144 of Receipt No. 11144 of March 28, 201).

B On March 28, 2011, on each of the instant real estate to the New Bank, the New Bank completed the registration of creation of a mortgage on the maximum debt amount of KRW 130,000,000 and the debtor B, as the receipt of March 28, 2011, under Article 11145 of the same registry office.

On September 17, 2014, the foregoing right to collateral security was partially transferred to the Gyeonggi Credit Guarantee Foundation (No. 38256) by the receipt of the same registry office on the ground of partial subrogation of the established claim.

B Upon delinquency in the payment of the loan, on September 15, 2014, the new bank applied for an auction of real estate (hereinafter “instant auction”) with respect to each of the instant real estate, etc. to the Jung-gu District Court E (hereinafter “instant auction”) and received the order of commencement on September 17, 2014.

E. The Plaintiff acquired the right to collateral security against B by transfer of the new bank’s claim on August 28, 2014.

No. 39752, Oct. 24, 2014, received on October 24, 2014.

On October 24, 2014, the same registry office completed the registration of transfer of each right to collateral security with respect to the remaining shares after partial transfer of the right to collateral security.

F. Around November 2014, the Defendant performed land works, stone construction works, and packing works on each of the instant real estate owned by B in the instant auction case.

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