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(영문) 인천지방법원 2015.07.15 2014가합56962
유치권부존재확인
Text

1. As to each real estate, machinery, and equipment listed in the separate sheet, the Defendants’ lien does not exist.

Reasons

1. Basic facts

(a) Establishment and transfer of a right to collateral security 1) A Future Savings Bank (former trade name: future Mutual Savings Bank, a stock company, future Mutual Savings Bank, hereinafter “BE Savings Bank”);

E Co., Ltd. (hereinafter “E”)

(B) each real estate and machinery, apparatus, etc. listed in the Schedule F owned by E, an internal director under the Factory and Mining Foundation Mortgage Act (hereinafter “instant real estate, machinery, apparatus, etc.”) in order to secure a loan claim against E.

On April 30, 2010, the debtor on April 30, 2010, with regard to the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with E and the mortgagee’s future savings bank and the maximum debt amount of KRW 1,430,000,000.

(2) On October 8, 2012, the instant right to collateral security and its secured claim were transferred from the future savings bank to the Plaintiff through a decision to transfer contract, and on December 11, 2012, the supplementary registration of the transfer of collateral security was completed on the ground of a decision to transfer a contract.

B. 1) On October 26, 2012, with respect to the instant real estate, machinery, and apparatus, the decision to commence compulsory auction was made to the Incheon District Court H on October 26, 2012 at the creditor G’s request, and the decision to commence compulsory auction was made to the Incheon District Court J on January 18, 2013 by I, and the registration of the decision to commence compulsory auction was completed on each date of the decision. 2) After which the Plaintiff, as a mortgagee with respect to the instant real estate, machinery, and apparatus, filed an application for a voluntary decision to commence voluntary auction on February 5, 2013, the Plaintiff received a decision to commence voluntary auction on February 5, 2013, and the registration of the decision to commence voluntary auction was completed on the same day, and each of the above compulsory auction and voluntary auction

(hereinafter “instant auction procedure”). C.

At the instant auction procedure, Defendant A, B, and C reported their respective lien on the instant real estate and machinery, which are the goods sold, on June 17, 2014.

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