logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.08 2016가단526137
유치권부존재확인
Text

1. As to real estate stated in the attached list, the Defendants’ lien of KRW 194,164,90 does not exist.

Reasons

Basic Facts

As of May 15, 2013, the Plaintiff concluded a mortgage agreement with respect to each of the lands listed in the separate sheet owned by A (hereinafter “instant land”). As to the instant land as to May 16, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) with the Suwon District Court, the Sungwon District Court, 75904, which was received on May 16, 2013, as the maximum debt amount of KRW 3,120,000,000, and the debtor A and the Plaintiff as the mortgagee.

On May 16, 2013, the Plaintiff, as the secured claim of the instant right to collateral security, extended a loan of KRW 1.95 billion and KRW 450 million to A, respectively.

As the Plaintiff lost the benefit of time due to the Plaintiff’s failure to pay the above principal and interest of the loan, the Plaintiff applied for voluntary auction of the instant land to Suwon District Court B based on the instant collateral security, and on February 23, 2016, the decision to commence voluntary auction was issued by the above court on February 23, 2016 and the entry of the decision to commence auction was

(hereinafter “instant auction”). According to the report on the right under the lien (Evidence 5-1) on May 21, 2012 based on the contract for the civil construction of the instant land with A and C, the Defendant appears to be a clerical error in light of the payment order (Evidence 5-2 and Evidence 5-1), on-site operation table (Evidence 5-3), and on-site management statement (Evidence 5-4).

From September 2013 to September 2013, upon the completion of the above construction, the Suwon District Court applied for a payment order of KRW 194,164,90 for the construction cost claim of KRW 194,164,90 for the payment order of KRW 2016,285, which became final and conclusive on March 1, 2016.

On May 19, 2016, the Defendant asserted the above claim for the construction cost against A, etc., and reported the lien in the auction procedure of this case.

[Ground of recognition] The facts without dispute, Gap 1-4 evidence (including branch numbers in the case of additional numbers), 5-1, 2-1, and Eul 1 evidence, and judgment as to the cause of claim as a whole of the pleadings Article 320 of the Civil Code.

arrow