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(영문) 의정부지방법원 2019.06.05 2018가합55142
유치권부존재확인 등
Text

1. 735,530. 730. 530. 5 concerning each of the real estates listed in the separate sheet in the case of voluntary auction of real estate C.

Reasons

1. Basic facts

A. The ownership relationship of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is as follows.

Attached List Nos. 1 through 62 of [Attachment List Nos. 7 of [Attachment List No. 1/60] D of the owner/co-owner/co-owner of real estate and co-owner-owner-ownership share, and Section 7 of the [Attachment List No. 8 (15/60%) D (90.5/362 shares), F Type D (9.5/362 shares), F Type D (39.25/42 shares), Section 10 of the Attached List No. 10 of the Co-ownership (39.25/42 shares), F Type D (11) D (100 shares), F Type F (37.5/100 shares), G (49/4982 shares), H (27/211 shares)-ownership list No. 11 of the Attached List No. 11 of the Co-ownership (27/211 shares)

B. In order to secure the claim for a loan to D, the IF established the right to collateral security (hereinafter “the right to collateral security”) of KRW 1,80,00,00 with respect to the share owned by D on December 9, 2014 (1) through (1) with respect to the share owned by D on December 1 through (6), 8 through (11) as to the share owned by D on December 9, 2014, under Article 113177 received by the Government Registry of the District Court, as to the obligor D, the right to collateral security of KRW 1,80,000 with respect to the share owned by D on September 23, 2015 (2) as the receipt by the same registry office, under Article 109932 of the receipt by the same registry office with respect to the share owned by D on September 23, 2015 (hereinafter “the right to collateral security”).

C. When D delayed the payment of loan obligations, the association filed a request for auction on August 11, 2017 with respect to each of the instant real estate and rendered a voluntary decision on commencement of auction to the District Court C on August 11, 2017, and the decision on commencement of auction was completed on the same day.

On February 9, 2018, the Plaintiff acquired a claim against D on the same day by transfer, and on the same day, on each of the instant mortgages, was based on the transfer of each of the final claims by the Government Registry of the District Court No. 14772, 14773, and 14774.

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