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(영문) 의정부지방법원고양지원 2015.01.07 2014가합52957
유치권부존재확인
Text

1. The Defendants’ lien does not exist as to each real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. In order to secure loans to the Association of Diplomatic Organizations (hereinafter referred to as the “Diplomatic Savings Bank”), Samyang Mutual Savings Bank (hereinafter referred to as the “Seoul New Mutual Savings Bank”) completed the registration of establishment of the first-class collateral security with regard to each real estate indicated on the attached property (hereinafter referred to as the “each of the instant real estate”) owned by the Diplomatic Association, which is indicated in the Diplomatic Association (hereinafter referred to as the “Diplomatic Association”), as the registration office of High-level Branch of the Diplomatic Branch of Korea, which was received on September 27, 2012, the debtor Diplomatic Mutual Savings Bank (hereinafter referred to as the “Defendant”) and the maximum debt amount of KRW 4.56 million, the Plaintiff Mutual Savings Bank completed the registration of establishment of the first-class collateral security with respect to the said real estate as indicated on the attached property (hereinafter referred to as the “each of the instant real estate”). On June 24, 2

B. In order to secure the claim for loans to the Diplomatic Association, the Plaintiff National Federation of Korea completed the registration of establishment of a second-class establishment with regard to each real estate of this case as the debtor Diplomatic Association, the National Federation of Certified Family Cooperatives, and the maximum debt amount 2.4 billion won as of September 27, 2012, which was received on September 27, 2012.

C. On October 2, 2013, the Plaintiff National Federation, the second secured mortgage on each of the instant real estate, filed an application for the auction of real estate rent E with the Jung-gu District Court High Court for the instant real estate auction on October 7, 2013 (hereinafter “instant auction commencement order”). On the same day, the Plaintiff National Federation, the second secured mortgage on each of the instant real estate, completed the registration of the entry in the auction commencement order (hereinafter “registration of the entry in the auction commencement order”) on each of the instant real estate.

On May 30, 2014, the Defendants reported the right of retention by asserting that they occupy each of the instant real estate based on the secured claim as follows in the instant auction procedure.

1. Defendant A is the defendant A.

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