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(영문) 대구지방법원경주지원 2016.07.22 2014가합2952
유치권부존재 확인
Text

1. The defendant who takes 450,000,000 won as the secured claim for each real property listed in the separate sheet as to each real property.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) loaned a total of KRW 900 million to B, including KRW 80 million on December 20, 201, KRW 100 million on April 13, 2012, and KRW 900 million on April 13, 2012, with respect to each real estate listed in the separate sheet (hereinafter “instant land”) on December 20, 201, in order to secure the claim for loans of KRW 900 million (hereinafter “claim for loans”), the Plaintiff (hereinafter “Plaintiff”) registered the joint creation of mortgage (hereinafter “instant collective security”) with a maximum debt amount of KRW 1 billion on December 20, 201, and on April 13, 2012, the said collective security was additionally registered, changing the maximum debt amount of KRW 1170,000,000,000.

B. On February 6, 2014, the Plaintiff filed a voluntary auction on the instant land based on the instant collateral security, and received a voluntary decision to commence the auction (hereinafter “instant decision to commence the auction”), and on the same day, the entry was registered.

(hereinafter “instant auction procedure”). C.

Meanwhile, D performed civil engineering works on the instant land from April 201 to November 201 (hereinafter “instant civil engineering works”).

The Defendant, on April 10, 2014, received the claim for the construction cost of KRW 450 million from D due to the instant civil works, and filed a lien report with D on May 7, 2014, in the instant auction procedure, on which the total amount of the claim for the construction cost is the secured claim.

On October 15, 2015, the Plaintiff transferred all of the instant loan claims to the Intervenor succeeding to the Plaintiff. Around that time, the Plaintiff notified the Plaintiff of the transfer. On November 4, 2015, the Plaintiff succeeded to the Plaintiff’s status in the instant auction procedure by completing an additional registration prior to the transfer of the instant collateral security to the Intervenor succeeding to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 5 and 12 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul's 7, 9, 10.

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