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(영문) 수원지방법원여주지원 2016.04.20 2015가단20973
유치권부존재확인의 소
Text

1. It is confirmed that the defendant's lien does not exist for the real estate listed in the attached list.

2...

Reasons

1. Facts of recognition;

A. On February 22, 2011, the Plaintiff acquired the right to collateral security and the right to collateral security from D, the mortgagee of the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), and completed the registration of transfer of the said right to collateral security.

B. On August 25, 2014, the Plaintiff filed an application for commencement of a voluntary auction on the instant real estate with Suwon District Court credit support E, and received a voluntary decision on commencement of auction on the following day, and the entry registration of the decision on commencement of voluntary auction was completed on the same day.

(hereinafter “instant auction procedure”). C.

In the auction procedure of this case, the Defendant filed a lien by asserting that there was a right to claim reimbursement of necessary and beneficial expenses for the real estate of this case as follows.

1) The aggregate of the secured claims of KRW 53,119,00 for the total amount of KRW 173,119,000 (=120,000 for KRW 53,119,000), which is the expenses for remodeling of the building among the instant real property: KRW 53,119,000 (=120,000 for KRW 53,119,000)

D. C, the owner of the instant real estate, is the Defendant’s Chok, and the Defendant is residing in the instant real estate from around 2003.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2-1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that there is no secured claim of the right of retention claimed by the defendant, and that there is no right of retention of the defendant with respect to the real estate in this case, and the defendant has obtained the consent of C, who is the owner, from August 1, 2013 to the same year.

9. Until 30.30., the construction cost of the building of this case was paid KRW 120 million to F, and the repair, remodeling, and extension of the defects was executed directly by the defendant, and the value of the real estate of this case increased as a result of planting and allocating the garden number and the garden number on the land of this case. The defendant shall claim reimbursement of necessary expenses and beneficial cost regarding the real estate of this case.

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