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(영문) 대전지방법원천안지원 2016.10.26 2016가단102067
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet, Defendant A’s lien of KRW 290,000,000 and KRW 53,427,00 as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C and D, around 2012, intended to undertake a project to build each land listed in paragraphs (3) of the attached list No. 1 and (2) of the same Table (hereinafter “instant land”) (hereinafter “instant building”), and jointly conducted procedures, such as purchase of the instant land, civil engineering design, building design, and permission for development (title E).

B. The name of the owner of the instant building was changed to the name of F on December 30, 2013.

F on May 1, 2014, on the instant land, the F completed the registration of ownership transfer and the registration of ownership preservation on the instant building, respectively.

C. On May 1, 2014, the Plaintiff created a right to collateral security, which is the maximum debt amount of KRW 195,000,000, with respect to the instant land and building, from F, and leased KRW 150,000 to F on May 2, 2014.

With respect to the instant land and buildings, the decision of compulsory commencement of auction was rendered on February 17, 2015 upon a creditor’s application, and the decision of voluntary commencement of auction was rendered on June 23, 2015 upon the Plaintiff’s application.

(B) The Daejeon District Court H and the same court I and hereinafter collectively referred to as the “auction of this case”). E.

On April 27, 2015, Defendant A reported the right under a lien of 290,000 won, Defendant B reported the right under a lien of 53,427,000 won on April 28, 2015.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2-1-2, Evidence No. 4-1-3, Evidence No. 5, Evidence No. 6-1, 2-2, Evidence No. 9-1, 2, Eul-2, and Evidence No. 30-4, each of the statements No. 30-4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s respective lien of the Defendants asserted by the Plaintiff does not exist for the following reasons.

1 C is a real owner of the instant building, so it is not possible to have a lien on one’s own building, and even if it is deemed to have a lien, even if it is held at the time of agreement with F, there is no lien to be transferred by Defendant A from Defendant C.

In addition, the defendant A is related to the building of this case.

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