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(영문) 청주지방법원충주지원 2020.02.06 2019가합5895
유치권부존재 확인
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

Basic Facts

Comprehensively taking account of the overall purport of Gap 1-1-8, 2, and 3's statements and arguments, C Co., Ltd. (hereinafter "C") completed the registration of ownership transfer of the land and buildings listed in paragraph (1) of the attached Table Nos. 4, 5, 6, and 8 on May 31, 2016, and completed the registration of ownership transfer of each of the buildings listed in the attached Table Nos. 2, 3, and 7 of the attached Table Nos. 2, 2018 (hereinafter "real estate of this case"), D Co., Ltd. completed the registration of ownership transfer of the real estate of this case on February 14, 2018, and completed the registration of ownership transfer of the real estate of this case with the debtor, maximum debt amount of 1.38,000 million won, and on January 23, 2019, the defendant received the said registration of ownership transfer of the real estate of this case from the Cheongju District Court under the above collateral No. 3605 million won for the auction procedure.

The plaintiff asserted by the parties as the cause of the claim in this case, since the defendant received all the construction cost from C by February 14, 2018, there is no secured claim asserted by the defendant, and the defendant did not actually possess the real estate in this case, and therefore, the defendant did not have a lien on the real estate in this case, and the non-existence of the above secured right is confirmed.

Accordingly, the defendant asserts that there exists a lien, such as the entry of the above lien report, since the defendant still has a claim for the construction cost not repaid by C and the real estate of this case has been actually occupied to secure the above claim.

. Determination.

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