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(영문) 서울고등법원 2015.07.23 2014나2015734
유치권부존재확인
Text

1. Revocation of a judgment of the first instance;

Attached Form

The defendants' lien on each real estate listed in the list does not exist.

Reasons

1. Basic facts

A. Commencement of the auction procedure and status of the plaintiff 1) On November 20, 2007, the Nonghyup Bank Co., Ltd. (the National Agricultural Cooperative Federation at the time of the commencement of the auction procedure and the NongHyup Bank.

C Co., Ltd. (hereinafter referred to as “C”)

(C) each real estate listed in the separate sheet owned by C (hereinafter referred to as “instant real estate”) in order to secure a claim for a loan to the Fund.

(2) On June 21, 2012, the No. 105178, the registration of the establishment of a mortgage over the maximum debt amount of KRW 1.92 million, the registration of the creation of a superficies of KRW 1.920 million, and the registration of the creation of a superficies of KRW 30,000,000, the duration of which was 105179. 2) on June 21, 2012, the NH Bank filed an application for a voluntary auction on the instant real estate, and rendered a judgment of voluntary commencement of auction to the High Court of the

(3) On August 9, 2012, the Nonghyup Bank transferred the claim for loans to the Plaintiff. On September 26, 2012, the Plaintiff transferred the right to collateral security and superficies of the Nonghyup Bank on the instant real estate from the Nonghyup Bank to the applicant creditor in the instant auction procedure. (B) On December 5, 2011, C and Defendant A Co., Ltd (hereinafter “A”) concluded a contract for construction of the instant real estate as a factory site (hereinafter “instant construction”) with respect to the construction of the instant real estate as the factory site (hereinafter “instant construction”), the former contract was revoked (the construction cost of KRW 44,250,000 according to the first contract was paid to the Plaintiff by April 30, 2012), and the Plaintiff was transferred the status of the applicant creditor in the instant auction procedure. However, the Plaintiff disposed of the retaining wall construction, drainage construction, access road and site construction cost of the instant real estate from the landowner and the construction cost of the relevant construction site, and the construction cost of the relevant construction site and the site of the landowner and the land.

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