logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2018.01.25 2017가합5958
유치권존재확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 17, 2015, the original branch of the Chuncheon District Court rendered a voluntary decision to commence auction on April 17, 2015, and the auction procedure (hereinafter “instant auction procedure”) was conducted after the entry registration of the decision to commence auction was completed on the same day with respect to each real estate listed in the separate sheet 2, including each real estate listed in the separate sheet 1 list.

B. On May 29, 2015, the Plaintiff reported a lien of KRW 415,00,000 as the secured claim at the instant auction procedure.

C. In the instant auction procedure, the Defendant purchased each real estate listed in the separate sheet No. 2, including each real estate listed in the separate sheet No. 1, and completed the registration of transfer of ownership due to a sale due to a voluntary auction on the same day on February 19, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 7, 13, Eul evidence No. 4, the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. Since the Defendant’s summary of the Defendant’s assertion became final and conclusive with respect to each real estate listed in the separate sheet No. 2, including each real estate listed in the separate sheet No. 1 against the Plaintiff, the instant claim seeking confirmation of the existence of a lien on each real estate listed in the separate sheet No. 1 is in conflict with the res judicata.

B. Comprehensively taking account of the written evidence No. 1 and the purport of the entire pleadings, the Defendant filed an application with the Plaintiff for an order of delivery of each real estate listed in the separate sheet No. 2 attached hereto on February 29, 2016, with the Chuncheon District Court original branch D, the original branch of the Chuncheon District Court issued an order of delivery of real estate cited by the Defendant’s application on May 11, 2016 (hereinafter “instant order of delivery”); the Plaintiff filed an appeal against the instant order of delivery on October 14, 2016; the Chuncheon District Court rendered a decision to dismiss the Plaintiff’s appeal against the Plaintiff on July 26, 2017 (Ruling No. 2013Ra313, Jul. 26, 2017); and the Plaintiff on August 8, 2017.

arrow