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(영문) 제주지방법원 2016.01.13 2015나5132
유치권부존재확인의 소
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

Based on fact, the Han Bank established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 2,860,000 on December 8, 201 with respect to each building listed in the separate sheet (hereinafter “instant building”) in order to secure the claim against B.

On March 26, 2013, Han Bank filed an application for the auction of real estate with the Jeju District Court C regarding the instant building based on the instant right to collateral security, and the said court rendered a decision to commence auction on March 27, 2013 and completed the registration of the entry on the same day.

(hereinafter “the instant auction procedure”). Plaintiff EFA No. 34 (the Plaintiff’s succeeding intervenor was succeeded to and participated in the instant lawsuit, and the Plaintiff withdrawn from the instant lawsuit; hereinafter Plaintiff EFA No. 34 (hereinafter “Plaintiff”) acquired the secured debt of the instant mortgage from a bank from a single bank, and filed a report on the modification of the obligee in the instant auction procedure.

On June 17, 2013, the defendant paid benefits on behalf of B to the employees of the above auction court, who is the owner of the building of this case, and agreed that B would pay the said subrogated amount, and thus, the defendant has the claim of KRW 86,800,000 in subrogation and reported the right of retention.

In addition, on June 10, 2014, when the auction procedure of this case was in progress, the Defendant filed a report on the right to the construction payment claim of KRW 512,216,952 (the remainder of the construction payment of KRW 326,631,585,852 and interest interest of KRW 185,852) with the court of auction on September 10, 201.

On October 7, 2015, the Plaintiff transferred the Plaintiff’s claim against B to the Intervenor succeeding to the Plaintiff, and notified the transfer of the claim to B on October 22, 2015, and the Plaintiff’s Intervenor filed an application for succession to the court on October 30, 2015.

Meanwhile, the instant building is called “I” in the past.

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