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(영문) 대전지방법원천안지원 2016.09.09 2015가합102951
유치권부존재확인
Text

1. As to the Defendant’s three-dimensional construction corporation with respect to “4,640 square meters of forests and fields B in Dong-gu, Nam-gu, Seoul Special Metropolitan City.”

Reasons

1. Basic facts

A. On February 13, 2009, C completed on February 13, 2009, the registration of the establishment of a mortgage with respect to the 4,640 square meters of land B in the Dong-gu, Nam-gu, Chungcheongnam-gu, Seoul (hereinafter “instant land”) on February 13, 2009 by the court No. 9764, which was accepted on February 13, 2009, for the maximum debt amount of KRW 3.25 billion, the debtor, the debtor, the mortgagee C, and the mortgagee registered the establishment of a mortgage with respect to the YYY

On May 2, 2009, the registration of change of the right to collateral security changed to the maximum debt amount of KRW 3.5 billion, and the registration of change of the right to collateral security changed to the maximum debt amount of KRW 3.977 billion on October 2009, respectively.

(B) As above, the right to collateral security, the registration of which has been completed, is called the “mortgage of this case.”

On March 25, 2015, the Daicheon Daisan Dairy Farming Cooperative filed an application for voluntary auction of the instant land based on the instant collateral security, in order for C to not repay the secured debt of the instant right to collateral security. On March 25, 2015, the decision to commence voluntary auction was rendered on March 25, 2015 (hereinafter “instant auction procedure”), and on the same day, the decision to commence voluntary auction was issued on March 25, 2015 (hereinafter “instant auction procedure”). On March 25, 2015, the decision to commence voluntary auction was issued on March 25, 2015 (hereinafter “instant auction procedure”).

C. On June 30, 2015, the Daian Daisan Dairy Farming Cooperative transferred the secured debt of the instant right to collateral security to the Nonghyup Asset Management Company, and completed the supplementary registration prior to this court’s receipt No. 86006 on July 20, 2015.

On October 30, 2015, the Agricultural Cooperative Asset Management Company transferred the secured debt of the instant right to collateral security to the Plaintiff, and completed the supplementary registration prior to the right to collateral security (No. 129426), which was accepted on October 30, 2015.

E. In the instant auction procedure, the Defendant is called as the “small-type General Construction Co., Ltd., Ltd., Ltd. (hereinafter referred to as “ Sejong General Construction Co., Ltd.”) on October 30, 2015

Among E plant construction works entered into with E, this case is a subcontract for ancillary civil engineering works.

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