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(영문) 수원지방법원 2015.02.05 2014나22526
유치권부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. On May 27, 2010, E obtained money from the Industrial Bank of Korea (hereinafter “the Bank”), and completed the registration of creation of a collateral for each real estate listed in the separate sheet (part of the real estate is co-ownership share; hereinafter “each real estate of this case”) in order to secure the obligation for the loan, and when they are individually named, E completed the registration of creation of a collateral for the real estate of this case, which is the maximum debt amount of 780,000,000, in accordance with the sequences listed in the separate sheet.

B. On November 27, 2012, the Industrial Bank of Korea’s application for each of the instant real estate, the voluntary auction procedure was initiated by Suwon District Court, Ansan Branch C, and the registration of the entry of the decision to commence auction was completed on the 28th of the same month. On March 5, 2013, the voluntary auction procedure was initiated repeatedly with D of the same court on March 5, 2013

(hereinafter “instant auction procedure”). C.

On December 27, 2012, in the instant auction procedure, Defendant A reported each of the instant real estate holding KRW 24,200,000,000, for the F Co., Ltd., the lessee of the instant 5 real estate, among the instant 5 real estate, and for the F Co., Ltd., the lessee of the instant 2,50,000, and Defendant B reported each of the instant real estate holding 62,50,000, for the claim for the construction cost as to office and dormitory against F Co., Ltd.

On the other hand, on March 27, 2013, the Plaintiff acquired the above loans, bonds, and collateral security from the Industrial Bank of Korea on the same year.

4.17. A report on the change of creditor shall be completed.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The gist of the claim 1 is that the Defendants did not hold the claim for construction cost against F, and even if the Defendants completed construction work as alleged, Defendant A was the Corporation.

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