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(영문) 춘천지방법원속초지원 2015.01.22 2014가합344
채무부존재확인
Text

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

2...

Reasons

1. The Defendants asserted that they reported the right of retention in the auction procedure for each real estate listed in the separate sheet (hereinafter “instant real estate”) and that they asserted the right of retention for the instant real estate without submitting any supporting material as to the secured claim, and even if so, there is a secured claim against the Defendants.

Even if the Defendants currently lost possession of the instant real estate, the lien was extinguished.

I would like to say.

Nevertheless, the Defendants asserted a lien on the instant real estate. Therefore, the Defendants seek confirmation of the absence of a lien on the instant real estate.

2. Facts of recognition;

A. On Aug. 1, 2006, Nonparty E (hereinafter “E”) purchased the land F and G (hereinafter collectively referred to as “instant land”) from the Gangwonyang-gun F and the Gangwon-gun, and constructed a building on June 1, 2007 on the ground of the instant land (hereinafter referred to as “instant building”) and completed the registration of initial ownership on February 1, 2008.

B. The Plaintiffs sold the instant land and buildings in the HD Voluntary Auction Case at this Court, and completed the registration of ownership transfer on March 25, 2013.

C. As the Defendants asserted the right of retention and refused to deliver part of the instant building (referring to the instant real estate), the Plaintiffs occupied the instant building by entering the instant building on three occasions from June 2, 2013 to July 10, 2013 and replacing the locking system of the entrance to the instant building on three occasions by using the cres without the Defendants. As such, the Plaintiffs occupied the instant real estate until now.

[Ground of recognition] Defendant C, D: In the absence of dispute, entry of Gap evidence 1, 2, and Eul evidence 1 (including each number; hereinafter the same shall apply) and the whole purport of the pleading, gender friendly test Co., Ltd. (hereinafter the "defendant company"): Article 208(3)3 of the Civil Procedure Act

3. Determination.

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