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(영문) 대전지방법원홍성지원 2020.06.04 2019가합30676
유치권 부존재 확인
Text

1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.

2...

Reasons

Basic Facts

A. Plaintiff A Incorporated Company (hereinafter “F”) is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

On December 20, 2007, the registration of the establishment of the mortgage was completed with the maximum debt amount of KRW 910,000,000,000 as the mortgagee of the G Union. On November 20, 2017, the registration of the establishment of the mortgage was completed on the ground of the transfer of the contract between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor (the Intervenor indicated the Intervenor’s “H” before and after the modification without distinguishing between the two parties.).

In addition, on December 22, 2014, on the instant real estate, the registration of creation of a mortgage with the maximum debt amount of KRW 1.5 billion against the Plaintiff B was completed.

B. On September 4, 2018, upon the Intervenor’s request, the voluntary auction procedure for the instant real estate ( Daejeon District Court red support I) commenced, and the voluntary auction procedure commenced upon Plaintiff B’s request ( Daejeon District Court red support J) overlaps.

(hereinafter referred to as the "voluntary auction procedure of this case") is being conducted in duplicate.

In the instant voluntary auction procedure, Defendant D Co., Ltd. (hereinafter “Defendant D”) asserted the secured claim of KRW 5,859,182,000 on March 8, 2019 and reported the lien at the time of the instant voluntary auction procedure, and Defendant E Co., Ltd (hereinafter “Defendant E”) claimed the secured claim of KRW 1,401,00,000 on the same day and reported the lien.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, and 3 (if there is a number, including a variety number; hereinafter the same shall apply), the purport of the whole pleading, the assertion of the purport of the pleading, and the passive confirmation lawsuit as to the burden of proof.

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