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(영문) 광주지방법원 2015.02.06 2014가합743
유치권부존재확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 7, 2013, the Plaintiff, as a mortgagee, received a voluntary decision to commence auction on each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) on February 7, 2013, and two of the instant real estate cases were conducted in duplicate as the former ruling to commence voluntary auction (the same court B) was previously rendered on part of the instant real estate.

(hereinafter referred to as “instant auction procedure” in total. B

On January 20, 2014, the Defendants reported the right of retention by occupying part of the instant real estate, as the Plaintiff did not receive the price for the construction of the interior of the instant real estate in the auction procedure.

C. In the instant auction procedure, on January 22, 2014, a decision to permit the sale of the instant real estate was rendered, and on December 10, 2014, the price was paid in full.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5 (including branch numbers, if any), Eul evidence 37, the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. As to seeking confirmation of the absence of a lien reported by the Plaintiff, the Defendants asserted that there is no benefit in confirmation of the instant lawsuit.

B. In general, in the real estate auction procedure, the mortgagee of the right to collateral security has legal interest in seeking confirmation of non-existence of the right to collateral security against the person who reported the right to collateral security, as the amount of dividends to dividends creditors may be reduced due to a successful bid at a low price.

However, as seen earlier, since the real estate of this case was already sold in the auction procedure of this case and the price was paid in full, the risk or apprehension that the plaintiff's amount of dividends would decrease would no longer exist due to the defendants' right of retention claim.

C. Therefore, the instant real estate due to the Defendants’ declaration of lien is at a low price.

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