logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.14 2015나2062775
유치권부존재확인의 소
Text

1. Of the judgment of the court of first instance, the part concerning Defendant (Appointed) and Appointed D shall be modified as follows.

annex.

Reasons

1. Facts of recognition;

A. B, on December 28, 2005, completed the registration of ownership transfer for the land listed in paragraphs 1 and 2 of the annexed Table Nos. 1 (hereinafter referred to as “1 land” and “second land”) due to sale and purchase, and completed the registration of ownership preservation on November 20, 207, after completing the building listed in Paragraph 3 of the annexed Table No. 3 (hereinafter referred to as “a lodging facility building”) which was under construction on that ground.

B. On May 4, 2006, N in B completed the registration of ownership transfer due to sale and purchase of the land listed in paragraph 4 of the attached Table Nos. 4 adjacent to the land (hereinafter “the land No. 4”), and completed the registration of ownership preservation on September 3, 2008, after completing the building listed in paragraph 5 of the attached Table Nos. 5 (hereinafter “medical facility building”) being constructed on that ground.

In addition, N completes the registration of transfer of ownership for reasons of sale with respect to the land listed in Section 6 of [Attachment List No. 6], which is exempted from land No. 1 and No. 2 of November 2006 (hereinafter referred to as “six land”).

C. B was loaned money from the Seocho-Seoul Agricultural Cooperative and provided each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) as security.

As a result, on November 6, 2008, the registration of creation of a neighboring mortgage with the debtor B, the mortgagee B, the Seoul Cooperatives, and the maximum debt amount of each real estate amount of KRW 2.47 billion was completed on November 6, 2008.

(hereinafter referred to as the "mortgage of this case") d.

On April 27, 2011, the Seoul Agricultural Cooperative applied for a voluntary auction of each of the instant real estate to the Incheon District Court C based on the instant collateral security, and received a voluntary auction decision from the above court on April 27, 201, and on the same day, the entry of the decision on voluntary auction was completed.

(hereinafter referred to as "the auction procedure of this case". (e)

On June 29, 2012, the Plaintiff’s right to collateral security from the Seocho-gu Agricultural Cooperative.

arrow