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(영문) 수원지방법원 2019.08.21 2018가합20418
유치권 부존재 확인
Text

1. The defendant who takes as secured the amount of KRW 1,060,500,000 for each real property listed in the separate sheet as the secured claim.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 3 and 4 (including each number), the purport of the whole pleadings);

A. On November 19, 2010, as of each real estate listed in the separate list Nos. 11, 25, and 26, listed in the separate list No. 11, 26, and the list No. 1 through 10, and 12 through 24, each of the instant real estate (hereinafter collectively referred to as “each of the instant real estate”) owned by the D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), the Suwon District Court rendered each of the instant collateral security (hereinafter referred to as “each of the instant collateral security”) with respect to the obligor F and the maximum debt amount of 1.3 billion won, respectively.

B. After December 31, 2010, the registration of ownership transfer was completed in the non-party company on the above real estate owned by E.

C. C Union applied for a voluntary auction on each of the instant real estate to Suwon District Court G, and received a voluntary decision on commencing auction on June 28, 2016, and the entry in the decision on commencing auction was completed on the same day.

(hereinafter referred to as “pre-auction procedure”). D.

On November 1, 2017, the Defendant filed a lien report with respect to each of the instant real property on November 1, 2017, asserting that the right of retention against the non-party company was secured by the claim for construction cost of KRW 1,060,50,000 as the secured claim.

E. On April 26, 2018, the Plaintiff completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of the right to collateral security, and the prior auction procedure was concluded on February 19, 2019 by the Plaintiff’s withdrawal.

F. On February 27, 2019, the Plaintiff applied for a voluntary auction on each of the instant real estate to Suwon District Court H, and received a voluntary decision on commencement of auction on February 27, 2019, and the registration of the entry in the decision on voluntary commencement

(hereinafter “instant auction procedure”). 2. Claims and judgments

A. On July 2015, the Defendant asserted that the construction of the neighborhood living facilities and factory related to each of the instant real estate was completed by being awarded a contract with the Nonparty Company for the construction of new neighborhood living facilities and factories, but completed such civil construction works as land standardization, etc., but KRW 1 billion out of the period of construction.

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