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(영문) 의정부지방법원고양지원 2019.01.17 2018가단74439
유치권 부존재 확인
Text

1. The defendant's claim for construction cost of KRW 170,000,000 shall be the secured claim regarding each real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. When entering into a loan contract of KRW 700,000,000 on March 25, 2014, and KRW 1,380,000,000 on May 27, 2014, and KRW 540,000,000 on May 30, 2014, the D Association (hereinafter referred to as the “D Association”) entered into the land listed in the separate list owned by E (hereinafter referred to as “instant land”) and the land listed in Paragraph 2 of the separate list owned by F (hereinafter referred to as “instant land”) with each of the instant land as joint collateral and completed the registration of collateral security of KRW 748,80,000 on May 30, 2014.

B. On June 30, 2015, the Plaintiff acquired each of the above loans under an assignment contract with the D Association, and completed the supplementary registration of the transfer of the right to collateral on the same day.

C. As to each of the instant lands, the Plaintiff filed an application for the auction of real estate rent with the Jung-gu District Court Goyang Branch G, and on February 20, 2017, the said court rendered a voluntary decision to commence auction, and the present auction procedure (hereinafter “instant auction procedure”) is in progress.

In the instant auction procedure, the Defendant reported the lien of KRW 170,000,000 as the secured claim on September 20, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4 (which include various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the defendant did not possess each of the lands of this case, and that there is no secured debt related to the respective lands of this case, so the defendant's right of retention does not exist as to each of the lands of this case.

In regard to this case, the defendant shall set the F's claim for the construction cost, such as water supply and drainage and civil engineering works, packing, etc. of KRW 100,000,000,000 for each land of this case, as the secured claim.

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