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(영문) 울산지방법원 2019.04.04 2018가합25669
유치권 부존재 확인
Text

1. The Defendants confirm that there is no lien on real estate listed in the separate sheet.

2...

Reasons

1. Indication of claim;

A. The Plaintiff acquired all the claims and all the rights incidental thereto against the obligor from the bank, which is the mortgagee of the real estate listed in the separate sheet (hereinafter “instant real estate”), as well as the creditor who performed the loan to D (hereinafter “D”), and the mortgagee of the said real estate.

B. On December 23, 2016, the Ulsan District Court started the F Real Estate auction procedure (hereinafter “instant auction procedure”) with respect to the instant real property, and on December 23, 2016, the registration of the decision to commence the auction was completed.

C. Defendant B (hereinafter “Defendant B”) asserted that the instant real estate has a lien of KRW 2,720,000,000 as a right to preserve, and submitted a lien report at the instant auction procedure on May 23, 2018.

However, since Defendant B commenced the possession of the instant real estate since December 23, 2016 after the registration of the decision on commencing the auction procedure of this case was made, it is also unclear whether Defendant B exclusively occupies the instant real estate, and whether Defendant B exclusively occupies the instant real estate, or whether the construction cost claim, which is the right to be preserved by the lien, exists.

Thus, there is no lien reported by Defendant B to the auction procedure of this case.

Defendant C Co., Ltd (hereinafter “Defendant C”) asserted that the instant real estate has a lien of KRW 568,676,00 as a preserved right against the instant real estate, and submitted a lien report to the instant auction procedure on September 12, 2018.

However, as of April 3, 2017, the time when Defendant C commenced remodeling construction for the instant real estate, Defendant C’s decision on commencing the auction procedure of this case was completed and registered after December 23, 2016.

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