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(영문) 창원지방법원 2014.06.19 2013가합31564
유치권 부존재 확인
Text

1. As to the real estate stated in paragraph 1 of the attached list, regarding the real estate stated in the defendant A and in paragraph 2 of the attached list.

Reasons

1. Basic facts

A. The Plaintiff (around July 15, 2013, changed from the Culture Savings Bank of the Co., Ltd. to the current trade name as of July 15, 2013) filed an application for voluntary auction of each of the instant real estate with the Changwon District Court E based on the right to collateral security, as a mortgagee on each of the instant real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”) and received a decision to voluntarily commence auction from the said court on July 18, 2012, and the entry registration was completed on

(hereinafter “instant auction procedure”). B.

On May 17, 2012, Defendant A reported that: (a) the real estate listed in paragraph (1) of the attached Table No. 1; (b) the real estate listed in paragraph (2) of the attached Table No. 2 on December 27, 2010; and (c) the Defendant C leased the real estate listed in paragraph (3) of the attached Table No. 3 on March 30, 2010; and (b) the Defendants reported on February 20, 2013, that each of the pertinent real estate was the right to claim reimbursement of the pertinent beneficial cost amounting to KRW 7.3 million as the secured claim.

[Reasons for Recognition] Facts without a partial dispute, entries in Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion cannot be deemed to have the right to claim reimbursement of beneficial costs, and the Defendants waivered the right to claim reimbursement of beneficial costs through the restoration agreement at the time of leasing each of the instant real estate. Therefore, there is no right to retention of the Defendants on each of the instant real estate.

B. The Defendants asserted that each of the pertinent real estate of this case increased the objective value of each of the pertinent real estate of this case by paying each of the costs of KRW 80,500,000, Defendant A, Defendant B, and Defendant C, the costs of KRW 83,500,000, and Defendant C, the costs of KRW 74,000,000, thereby increasing the objective value of each of the instant real estate. As such, the Defendants are entitled to the right to claim reimbursement of beneficial cost against the lessor D. As such, each of the instant real estate of this case constitutes a secured claim.

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