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(영문) 부산고등법원(창원) 2015.08.20 2014나21789
유치권부존재 확인의 소
Text

1. Of the judgment of the court of first instance, the part regarding Defendant Bosch Rexroth Co., Ltd. and Defendant Bosch Rexroth Co., Ltd.

Reasons

1. Facts of recognition;

A. In order to secure loan obligations against D, the Industrial Bank of Korea obtained on December 24, 2008 the establishment registration of a mortgage on the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by D (hereinafter “instant land”). On May 31, 2010, the Industrial Bank of Korea completed the establishment registration of a mortgage on the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) as indicated in D’s attached Table No. 10,800,000 with respect to the instant land and building, and completed the establishment registration of a mortgage on July 15, 2010 with respect to the instant land and building, respectively.

B. The Industrial Bank of Korea filed an application for voluntary auction of the instant land and buildings with the Changwon District Court Jinwon Branch E, based on each of the above collateral security rights, and completed the registration of the entry of the decision to commence voluntary auction on September 14, 201, and the above voluntary auction procedure (hereinafter “instant voluntary auction procedure”) is underway as of the date of closing argument at the trial court.

C. The Plaintiff acquired the aforementioned collateral security claim from the Industrial Bank of Korea after the decision to commence the voluntary auction of the instant case.

The Defendants reported the lien to the effect that they occupy the land and buildings of this case as lien holders because they have the following secured claims during the instant voluntary auction procedure:

1) Defendant Bosch Rexroth Co., Ltd. (hereinafter “Defendant Bosch Rexroth”)

) The electricity, fire fighting, and telecommunications construction of the instant building that was contracted by D (hereinafter referred to as “the electricity, fire fighting, and telecommunications construction of the instant building”).

(2) The amount is KRW 3,517,00,000,000 on the remainder payment claim against Defendant C (the date of reporting October 201) and KRW 519,000,00 on the New Construction of the instant building that Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) contracted from D (hereinafter “Defendant C Co., Ltd”) received from D, but the amount is KRW 3,517,00,00,000 on the part of the Changwon District Court 201,30,000 on the part of Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”).

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