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(영문) 서울고등법원 2015.06.23 2014나2032029
유치권부존재확인
Text

1.Paragraph 1 of the decision of the court of first instance, including the claims extended in the trial, shall be amended as follows:

annex.

Reasons

1. Basic facts

A. On May 9, 201, the National Bank Co., Ltd. (hereinafter “National Bank”) concluded a mortgage agreement with B on real estate listed in the separate sheet (hereinafter “instant real estate”). On May 13, 201, regarding the instant real estate, ① KRW 3.9 billion with respect to the instant real estate, ② the debtor, ② the debtor, B, and the mortgagee completed the registration procedure for the establishment of a collateral security (hereinafter “instant collateral security”) with the National Bank, and on May 13, 201, loaned a total of KRW 3 billion with B on May 13, 2011.

(hereinafter “instant loan claim”). (b)

On June 29, 2012, the National Bank received a voluntary decision to commence the auction of the instant real estate with the Incheon District Court C by means of the instant collateral security, and on the same day, the entry registration of the decision to commence the auction of the instant real estate was completed.

(hereinafter “Discretionary Auction Procedure”). C.

On December 28, 2012, the Plaintiff was transferred all of the instant loan claims and the instant collateral security and other rights incidental thereto from the National Bank. On December 28, 2012, the National Bank notified the transfer to B on December 31, 2012 and January 2, 2013.

Meanwhile, from May 12, 2011 to May 11, 2011, the Defendant leased the instant real estate (i.e., deposit KRW 1.54 billion, and ② the period from May 12, 201 to May 11, 2013).

(hereinafter “instant lease agreement”). E.

On November 21, 2013, the Defendant reported that there was a lien (hereinafter “instant lien”) on the instant real estate in the instant voluntary auction procedure: (a) the necessary and beneficial cost claim amounting to KRW 313,120,000 regarding the instant real estate; and (b) the claim amounting to KRW 1,813,120,000 in the aggregate of the claim amounting to KRW 1,513,120,000 in the lease deposit return amounting to KRW 1.5 billion; and

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 6, Gap evidence 10 through Gap evidence 14, Eul evidence 1 and the purport of whole pleadings

2. The defendant's assertion that the real estate of this case was B.

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