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(영문) 의정부지방법원 2015.11.11 2015가합509
유치권부존재확인
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

Basic Facts

On September 8, 2010, the Plaintiff loaned KRW 2 billion to the C Educational Association of Religious Organizations (hereinafter “C Educational Association”) and entered into a mortgage agreement with C Educational Association and its representative regarding the total amount of 17 real estate including each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”). On the same day, the registration of creation of mortgage over each of the real estate of this case was completed with the mortgagee, the debtor C Educational Association, and the maximum amount of claims 2.6 billion.

(B) On May 24, 2013, each of the instant real estate was registered under the name of the E Religious Organization FIE (hereinafter “FIE”) (hereinafter “instant collateral”). On May 8, 2013, May 24, 2013, the registration of transfer of ownership (the cause of registration: gift on May 8, 2013) was completed.

On March 3, 2014, the Plaintiff is above A.

With respect to the 17 real estate mentioned in Paragraph 17, the Suwon District Court filed an application for voluntary auction (hereinafter “instant auction”) with G on the basis of the instant mortgage, and the said court rendered a decision to commence auction on March 5, 2014, and on the same day, the entry registration of the said decision to commence auction was completed with respect to each of the above real estate.

On December 1, 2014, the Defendant reported the right of retention at the instant auction procedure. The secured claim of the right of retention reported by the Defendant is the claim for construction work equivalent to KRW 220 million based on the contract for remodeling works concluded on October 21, 201 (hereinafter “instant contract”).

【Ground of recognition】 The defendant cannot set up against the plaintiff with the right of retention claimed by the plaintiff for the following reasons, as the plaintiff alleged in the facts without any dispute, Gap Nos. 1 through 4, and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

The defendant did not possess each of the real estates of this case until the entry registration of the decision on commencing auction of this case has been completed.

The contractor of the contract of this case is not the defendant but Yeongdeungpo Construction Co., Ltd.

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