logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.11 2015가단26603
유치권부존재확인
Text

1. It is confirmed that the defendants' lien does not exist with respect to real estate stated in the attached list.

2...

Reasons

1. Basic facts

A. On September 9, 2013, the registration of preservation of ownership was made due to the entrustment of provisional seizure in the name of Doi-si, Inc., the owner of the building (hereinafter “instant building”).

B. On September 26, 2013, creditors G of Ori ice Co., Ltd. obtained a decision to commence compulsory sale of the instant building at the court (H) and completed the registration on the same day.

(C) The above auction procedure is “instant auction procedure,” and the registration of the entry of the above auction decision on commencing auction is “registration of the instant auction decision”).

Defendant B completed the registration of ownership transfer on January 7, 2014 on the instant building on September 22, 2013.

On May 7, 2015, Defendant B, C, and D submitted a lien report stating that they exercise the lien on the instant building at the above auction court.

E. Meanwhile, Defendant E asserted that Defendant E has a lien on the instant building by putting the banner called “in the exercise of a lien” on the ground that Defendant E has a claim of KRW 1.3 billion in total as the construction cost for the instant building with respect to Oral ice Co., Ltd.

F. On May 22, 2015, in the instant auction procedure, the Plaintiff acquired the ownership by winning a successful bid of the real estate listed in the separate sheet among the instant buildings (hereinafter referred to as “instant real estate”, and, when specifying individual real estate, it is indicated as a lake).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 10-3, Eul evidence 6-1 through 5, the purport of the whole pleadings and arguments

2. Determination

A. In case of a passive confirmation lawsuit such as a lawsuit seeking confirmation of non-existence of a lien, if the plaintiff asserted that the cause of the lien is denied by specifying the claim first, the defendant claiming that the lien holder is the lien holder is the existence of a claim related to the subject matter, which is the requisite fact of the lien, and the related claim.

arrow