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(영문) 창원지방법원 통영지원 2018.10.11 2017가합11069
유치권 부존재 확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. With respect to each immovable property indicated in the separate sheet, which is owned by J (hereinafter “the instant real property”), the Plaintiff is a mortgagee who created the right to collateral security, the sum of K and the maximum debt amount of which is KRW 2,067,00,000 (the maximum debt amount of the first priority collective security, KRW 1,417,00,000, and KRW 650,000,000, the maximum debt amount of the second priority collective security).

B. The Plaintiff filed an application for a voluntary auction of real estate L with the Changwon District Court through the Changwon District Court for an auction with a claim amounting to KRW 1,643,953,148 on the ground of delinquency in the repayment of the debt guaranteed by the aforementioned collateral security right. On January 16, 2017, the registration of the voluntary auction decision was completed upon the voluntary auction decision on commencement of auction.

(hereinafter “Voluntary Auction”) C.

The Defendants reported each right of retention as described below in the above auction procedure.

The creditor(Defendant)’s secured claim 1 B (Co., Ltd.) of this case’s real estate remodeling contract amounting to 200,000,000 won for the instant real estate remodeling project (construction removal, waste disposal, facility disposal, discharge, daily wage, tin, etc.) 200,000 won 2 B (State) J in lieu of interest on loans on the instant real estate 3 C (State) B (Co., Ltd.) of this case’s real estate remodeling contract amounting to 100,000,000 won for the instant real estate remodeling project (DD (State), 35,000,000,000,000 won for the instant real estate construction, 30,000,000 won for the instant real estate construction, 28,500,0000 won for the instant real estate, 70,000,000 won for each of the instant real estate remodeling project (which is the ground for the construction work, 200,70,00,70,00,00,70

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