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(영문) 수원지방법원평택지원 2015.01.09 2014가합9061
유치권부존재 확인
Text

1. Attached Form stating that the Defendant filed a report on May 28, 2014 with respect to the case of D's auction of real estate in Suwon District Court Suwon.

Reasons

1. Basic facts

A. The Industrial Bank of Korea completed the registration of establishment of a neighboring mortgage on October 9, 2008, the maximum debt amount of which is KRW 3.6 billion, the debtor Park Jong-chul and the Industrial Bank of Korea of the mortgagee, and on January 19, 2009, the Bank of Korea shall complete the registration of establishment of a joint security on the ground of land subdivision and alteration contract as stated in paragraph (1) of the attached Table 1: Provided, That in cases of each land listed in paragraphs (1) (iii) through (5) of the attached Table 1, the Bank shall be limited to the share owned by Grand Don Tech, the share of which is 8265

(hereinafter “each of the instant lands”) completed registration of change of right to collateral security, etc.

On November 14, 2011, the Industrial Bank of Korea completed the registration of the establishment of a mortgage on each of the instant land, etc. with respect to the maximum debt amount of KRW 500 million, the debtor, the debtor, and the Industrial Bank of Korea, covering the right to collateral security.

(hereinafter collectively referred to as “each of the instant collateral security”) B.

On November 19, 2013, the Industrial Bank of Korea applied for a voluntary auction on each of the instant lands, etc. on November 19, 2013, and completed the registration of the entry in the decision on voluntary auction on December 5, 2013 (U.S. Military Housing Site A) and December 6, 2013.

(hereinafter “instant auction procedure”). C.

On December 26, 2013, the Industrial Bank of Korea transferred the aforementioned collateral security and related secured debt to the Plaintiff, a special purpose company established under the Asset-Backed Securitization Act, and registered the transfer thereof with the Financial Supervisory Service on December 26, 2013.

On the other hand, on May 1, 2014, the Defendant filed an application for exclusion from the object of sale to the effect that each unregistered building listed in attached Table 2, which is a building not presented during the instant auction procedure (hereinafter “instant dispute”) is excluded from the object of sale.

However, on May 21, 2014, the auction court decided to collectively sell the dispute in this case and each land in this case, etc.

On May 28, 2014, the Defendant is among the goods sold at the auction procedure of this case.

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