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(영문) 수원지방법원성남지원 2017.09.15 2017가합401112
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. On July 3, 2014, the Plaintiff leased KRW 2.1 billion to D on July 3, 2014, with a due date set as of July 3, 2017, and was jointly mortgaged by the maximum debt amount of KRW 2.73 billion as to the land listed in the separate list owned by D (hereinafter “each of the instant lands”).

B. D’s sale of each of the instant lands sold each of the instant lands to E Co., Ltd. (hereinafter “E”) for which D was an internal director on November 28, 2014, and E completed the registration of ownership transfer as to each of the instant lands on December 1, 2014.

C. E’s new construction of multi-household housing and establishment of a right to collateral security (hereinafter “multi-household housing in this case”) were undertaken after acquiring ownership of each of the instant land and newly constructing multi-household housing listed in the separate sheet 5 through 9 (hereinafter “multi-household housing in this case”).

After that, on July 14, 2015, E completed the registration of joint collateral security creation in the name of Han-spawn (hereinafter “ Han-spawn”) with respect to multi-household housing listed in attached Table 5 (hereinafter “instant multi-household housing”) among the above multi-household housing on October 22, 2015.

An application for voluntary auction and an application for the plaintiff's compulsory auction (1) on December 14, 2015, for the Korea-Japan leapex, a voluntary auction for each of the instant lands and multi-household houses of this case (hereinafter referred to as "the voluntary auction of this case") to the Gu-Government District Court, Goyang branch court, Goyang branch court, on December 14, 2015.

(2) On December 15, 2015, the above court filed an application for a decision to commence a voluntary auction. On the same day, the registration of a decision to commence a voluntary auction was completed with respect to each of the instant land and multi-household housing. 2) On January 28, 2016, the Plaintiff filed a joint application for each of the instant land and multi-household housing in the entire instant case (hereinafter “each of the instant real estate”).

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