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(영문) 대전고등법원 2016.07.06 2015나11807
유치권부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Case summary and the presumed factual basis

A. The summary of the instant case is a matter of seeking confirmation of the absence of a lien on each of the above buildings asserted by a person who has filed an application for auction on the ground that the Plaintiff, who acquired a claim of the collateral on each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) which are the objects of auction from the person who filed the application for auction, did not have a lien on each of the above buildings claimed by him/her against the Defendant who reported the right to claim reimbursement of beneficial

The judgment of the first instance was accepted by the plaintiff, and the defendant appealed against this and filed an appeal.

B. Consumed facts / [Evidence] Gap 1, 2, 3, and 4, and the purport of the whole pleadings 1) Industrial Bank of Korea is an incorporated agricultural company's subsidiary logistics corporation (hereinafter "subsidiary logistics").

(2) After the registration of the establishment of a neighboring mortgage on each of the instant buildings owned by the sub-state logistics in order to secure the claim against the sub-state, the Industrial Bank of Korea filed an application for an auction for the exercise of security right to each of the instant buildings as the sub-state logistics delayed the performance of the secured obligation as above, and the execution court rendered a decision to commence the auction on September 17, 2013, as the execution court rendered a decision to commence the auction on each of the instant buildings.

3) The Plaintiff: (a) was a company engaged in asset-backed securitization business under the Asset-Backed Securitization Act; (b) acquired a claim based on a collateral security on each of the instant buildings from the Industrial Bank of Korea; and (c) applied for the change of creditors at the executing court. (d) Meanwhile, the Defendant reported the lien to the effect that he/she exercised the lien on each of the instant buildings in order to secure the claim for the construction cost arising from the installation of facilities, etc. for disposal of by-products generated after the settlement of rice, such as king, around November

2. Determination

(a)a party’s assertion 1.

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