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(영문) 인천지방법원 부천지원 2018.06.20 2017가합104872
유치권 부존재 확인
Text

1. It is confirmed that there is no lien for the Defendants on the buildings listed in the attached list.

2...

Reasons

Basic facts are as follows: (a) on April 15, 2016, the Plaintiff leased KRW 1,740,000 to H for the purpose of securing the repayment of the said loan, the Plaintiff completed the joint registration of establishment of a mortgage (Yancheon District Court Branch Kim Jong-dong, Kim Jong-si, 24501 received on April 15, 2016, with a maximum debt amount of KRW 2,088,000,000 with respect to the land on the attached list owned by H (hereinafter “the instant building”) and the land on the land of 1,638 square meters in Kimpo-si, Kimpo-si, which is the site for the instant building, and the land on the Jan 939 square meters (hereinafter “the instant real property”).

Upon delinquency in paying the principal and interest of the Plaintiff, on September 13, 2016, the Plaintiff filed an application for voluntary auction with the Incheon District Court Branch K for the instant real estate on September 19, 2016 and received a voluntary decision to commence the auction on September 19, 2016.

(2) The Defendants (Defendant G Co., Ltd., among the Defendants, had a claim for construction payment related to the new construction of the building of this case and filed a report of each right of retention in the instant voluntary auction procedure (hereinafter “instant voluntary auction procedure”).

Details of the Defendant’s report date: Construction cost of KRW 827,00,00 on November 30, 2016 ( KRW 100,000,000, KRW 322,000, KRW 105,000, KRW 1000, and KRW 300,000, KRW 300,000, KRW 300,000, and KRW 300,000, KRW 150,000, KRW 3D 3D 25, 2017, KRW 135,00,00, KRW 130,00 and KRW 130,00, KRW 4,00, KRW 5,00, KRW 5,00, KRW 5,000, KRW 5,000, KRW 5,000, KRW 130,00, KRW 5,005, 207.

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