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(영문) 의정부지방법원 2013.07.11 2012가합1983
유치권부존재확인
Text

1. It does not exist any lien on the real estate listed in the attached list F, Defendant Haan Construction Co., Ltd. and F.

Reasons

1. Basic facts

A. At around 2008, G awarded a contract for the construction of one unit of collective housing on each real estate listed in paragraphs 1 and 2 of the attached Table 1, including each real estate listed in paragraphs 3 through 21 of the attached Table (hereinafter “each of the instant buildings”) to the Boan Comprehensive Construction Co., Ltd. (hereinafter “ Boan Comprehensive Construction”).

(All collective housing is composed of eight units from A to H Dong, but G is the owner of the building with C. hereinafter referred to as "the instant collective housing" when referring to the entire collective housing.

In order to secure loan claims against G, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties concluded a mortgage agreement with G and H on March 29, 2010 on each of the real estate listed in the attached Table 1 through 21 (hereinafter “each of the instant real estate”). On March 30, 2010, the Plaintiff and the designated parties completed the registration of the establishment of the neighboring real estate under Article 3015 of the receipt of the Namyang District Court’s receipt of the Namyang District Court’s registration office.

C. I applied for a voluntary auction on the collective housing C Dong and its site, which ought to be seen as following the collective security right on each of the instant real estate, to J of the Government District Court on the basis of the collective security right on each of the instant real estate, and received a voluntary decision to commence the auction at the above court on January 3, 201.

On December 29, 2010, Defendant 2 reported each right of retention on each of the lands listed in attached Tables 1 and 2 (hereinafter “each of the instant lands”) among the instant real estate on January 27, 2011, Defendant C, D, and E, and Defendant B reported each of the instant lands on March 4, 2011. Defendant B reported the right of retention on each of the instant buildings on March 4, 201, asserting that Defendant F is the lien holder at the time of the investigation into the current status by enforcement officers.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion 1 Defendant B, as the secured claim of the right of retention, shall be electrical construction and electrical construction.

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