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(영문) 대전지방법원 천안지원 2017.01.18 2016가단109532
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

1. Basic facts

A. The Industrial Bank of Korea's decision to commence voluntary auction is the mortgagee of the right to collateral security regarding each real estate listed in the separate sheet (as shown in the separate sheet) and each real estate listed in the separate sheet (as stated in the separate sheet).

On April 29, 2016, the Industrial Bank of Korea filed an application for the commencement of auction on the instant real estate No. 1 with the Seoul Eastern District Court A, and with respect to the instant real estate No. 2, the Daejeon District Court B, Seosan-gu, Daejeon District Court, and each of the said courts rendered a decision to commence auction on May 2, 2016 and registered the entry on the same day.

(hereinafter the Seoul Eastern District Court's auction procedure A, "the first auction procedure of this case", "the second auction procedure of this case", and "the above two auction procedures" combined with "the second auction procedure of this case". B.

On June 27, 2016, the Plaintiff and the Defendant acquired each of the above secured claims from the Industrial Bank of Korea and the Joint Asset Management Co., Ltd. (the Bank acquired each of the above secured claims from the Bank) in sequence.

On July 14, 2016, the Defendant reported each right of retention with a claim of KRW 45 million as the secured claim in the first auction procedure of this case, and with a claim of KRW 65 million as the secured claim in the second auction procedure of this case on July 15, 2016.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-5 (including each number, if any,; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion does not exist any claim asserted by the Defendant as the secured claim of the right of retention, and the Defendant does not occupy each of the instant real estate since before May 2, 2016, when the registration of the entry of the decision on commencing auction was completed at each of the instant auction procedures.

Therefore, there is no right of retention of the defendant, and as the defendant contests this, the plaintiff.

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