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(영문) 수원지방법원평택지원 2017.05.25 2015가합9068
유치권부존재확인의 소
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. As to each real estate listed in the separate sheet, Defendant B.

Reasons

1. Basic facts

A. As to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), the ownership transfer registration under the name of K Co., Ltd. (hereinafter “K”) was made for sale on December 1, 2008 as of No. 51605, Oct. 28, 2008 (hereinafter “K”), and the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) was completed as of December 3, 2008, with the same registry office No. 52148, Dec. 3, 2008, with respect to each of the instant real estate as to the registration of ownership preservation in the name of K, and the maximum debt amount was KRW 292,50,000,000 as of December 3, 2008, and the agricultural cooperative (hereinafter “CF”) died with the debtor as the Intervenor (hereinafter “the instant property”).

B. On the basis of the instant right to collateral security, Silsan Agricultural Co., Ltd. applied for the auction of the real estate in Suwon District Court L with respect to each of the instant real estate, and the auction procedure commenced upon the voluntary auction decision on August 14, 2009 (hereinafter “instant auction procedure”), and the entry registration of the decision on voluntary auction was completed on the same day.

C. In the instant auction procedure on November 2, 2009, Defendant B filed a lien on the ground that each of the construction costs of KRW 76,739,360 for Defendant C, KRW 190,000 for Defendant C, KRW 117,00,000 for Defendant D, KRW 40,000 for Defendant E, KRW 150,000 for Defendant F, KRW 30,000 for Defendant G, KRW 30,000 for Defendant G, and KRW 74,390,000 for Defendant H has been claimed.

With respect to the instant right to collateral security, the registration of the transfer of the right to collateral security in the name of the Plaintiff was completed on April 5, 2016 by the Suwon District Court, No. 13179, which was received on April 5, 2016, and on April 4, 2016, which was transferred to M on the same day, again, the registration of the transfer of the right to collateral security in the name of the Plaintiff was made on May 23, 2016 by the receipt of No. 20128, May 23, 2016.

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