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(영문) 수원지방법원 여주지원 2018.05.16 2017가합6053
유치권 부존재 확인
Text

1. The defendant's lien is the defendant's claim of KRW 372,00,000 as the secured claim regarding the real estate stated in the attached list.

Reasons

Facts of recognition

On October 31, 2013, the Plaintiff’s right to collateral security and right to collateral security (hereinafter “instant right to collateral security”) was granted loans from the Industrial Bank of Korea, and on October 31, 2013, the Suwon District Court completed the registration of establishment of mortgage over KRW 660,000,000 (hereinafter “instant right to collateral security”) with respect to the land listed in [Attachment List Nos. 1 through (5) of the List of Real Estate (hereinafter “instant land”).

On October 28, 2014, the Industrial Bank of Korea concluded an asset acquisition agreement with the foreign exchange EF&A Co., Ltd on the transfer of all rights, such as the secured debt of the instant right to collateral security.

On November 25, 2014, foreign currency L&A Co., Ltd entered into an agreement on the transfer and acquisition of assets between the Plaintiff and the Plaintiff of all rights and obligations under the said asset transfer agreement.

Accordingly, on November 26, 2014 and December 3, 2014, the Industrial Bank of Korea sent Eti a notice of assignment of claims that notified Eti Company that the secured claims were transferred to the Plaintiff, and publicly announced the fact of assignment of claims through a nationwide newspaper and Asian daily newspaper.

The Plaintiff filed an application for a voluntary auction on the instant land to Suwon District Court credit branch B, and received a voluntary decision to commence auction on June 22, 2016, and filed an application for a compulsory auction on the building listed in attached Table C in attached Table C (hereinafter “instant building”) with the same support, and received a decision to commence compulsory auction on July 15, 2016.

Since then, the above voluntary auction case and the compulsory auction case were combined (hereinafter referred to as "the auction procedure in this case"), and the defendant on September 12, 2016, stated the contents of the secured claim in the auction procedure in this case as "the claim for construction cost arising from civil works and construction works".

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