logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2018.08.23 2017나12306
유치권부존재확인 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

The defendant's lien on real estate recorded in the list is the same.

Reasons

1. Facts of recognition;

A. 1) J apartment, the real estate listed in the attached Table 1 (hereinafter “J apartment”), including the commencement of the auction procedure.

1) 102 Dong 201 (hereinafter “instant apartment”)

(C) As to January 18, 2008, a limited liability company C (hereinafter “C”)

(2) On February 23, 2009, the new bank transferred KRW 3 billion out of the above loans to mutual savings banks in mutual savings banks prior to February 23, 2009, and completed the registration of partial transfer of the right to collateral security in the future of the above bank.

3) On October 21, 2014, the Plaintiff, a trustee in bankruptcy due to the bankruptcy of a mutual savings bank prior to the date, applied for an auction on the instant apartment to the Jeonju District Court B, based on the foregoing collateral security right. On October 22, 2014, the foregoing court rendered a decision to commence the auction on the instant apartment on October 22, 2014 and completed the entry registration of the decision to commence the auction on the instant apartment on the same day (hereinafter “instant auction procedure”) or the auction of the instant apartment on the same day.

B. B. The Defendant’s payment order and lien report 1) against D limited liability companies (hereinafter “D”). Around July 2006, the Defendant was awarded a contract against D for waterproof Construction among J apartment construction works (hereinafter “instant construction”). Around 292,950,000 won was not paid out of the construction cost, and the Defendant filed an application for payment order (the Jeonju District Court 201j7989) seeking payment.

On November 8, 2011, D issued a payment order ordering the Defendant to pay KRW 292,950,000 and delay damages therefor, and the said payment order was finalized on January 12, 2012 after it was served on December 28, 2011.

2 In the instant auction procedure on January 13, 2015, the Defendant reported a lien of KRW 292,950,000 against D as the secured claim.

(c) with C.

arrow