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(영문) 인천지방법원 2015.05.12 2013가합35289
유치권부존재확인
Text

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

2...

Reasons

1. Basic facts

A. (1) On April 30, 2010 and May 17, 2010, the Industrial Bank of Korea executed each household general loan loan to B. (2) On April 30, 2010, the Industrial Bank of Korea concluded a mortgage agreement with the Industrial Bank of Korea on each of the above loans claim against B against the Industrial Bank of Korea as the secured claim regarding the real estate listed in the separate sheet (hereinafter “the instant private loan”). On the same day, the registration for establishment of mortgage was completed regarding the instant private loan amount of KRW 816 million with the maximum debt amount, the debtor, B, and the Industrial Bank of Korea.

(B) The Industrial Bank of Korea filed an application for voluntary auction of the instant friendship with the Incheon District Court D on May 8, 2013. (B) On May 31, 2013, the Industrial Bank of Korea (hereinafter “the instant collateral security”) concluded a contract on acquisition of assets between the Industrial Bank of Korea and the United Nations Asset Management Co., Ltd. on May 31, 2013 between the Plaintiff’s respective loans and the instant loans, and the instant collateral security was transferred to the Plaintiff from the Industrial Bank of Korea on June 26, 2013 under a contract on transfer and acquisition of assets between the Industrial Bank of Korea and the United Nations Asset Management Co., Ltd. on June 26, 2013.

2) On July 1, 2013, the Industrial Bank of Korea held that the principal and interest of each of the above loans (based on March 29, 2013; the principal of the loans as of April 30, 2010; the principal amount of the loans as of April 30, 2010; and the principal amount of the loans as of May 17, 2010 remains 19.5 million won, respectively.

(3) On July 11, 2013, the Plaintiff, a special purpose company, registered the transfer of the principal and interest of each of the above loans to the Financial Supervisory Service pursuant to Article 6 of the Asset-Backed Securitization Act, and acquired the instant collateral security pursuant to Article 8 of the said Act.

C. On July 12, 2013, the Defendant who reported the Defendant’s right of retention, shall be subject to the said voluntary auction procedure.

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