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(영문) 수원지방법원 2014.08.29 2014가합60487
유치권부존재확인의 소
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On July 11, 2008, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of the establishment of a neighboring land with the amount of KRW 328,90,000,000,000,000 for the real estate No. 1 as indicated in the attached Table No. 1 in order to secure the obligation of a loan to B. The debtor, the mortgagee, the national bank, and the maximum debt amount, as indicated in the attached Table No. 1. 2008.

(hereinafter “instant collateral security”). B.

In the instant case, the National Bank filed a request for auction to exercise the D/C security right to the instant land on the basis of the instant collateral security right, and this Court rendered a decision to commence auction on September 24, 2012, and the record was completed on September 25, 2012.

C. 1) Around December 4, 2012, the secured debt of the instant right to collateral security was transferred in sequential order from the National Bank to the Joint Asset Management Co., Ltd., and on December 28, 2012 to the Plaintiff, a special purpose company subject to the Asset-Backed Securitization Act, by the Joint Asset Management Co., Ltd... Around January 2, 2013, the National Bank notified B of the above assignment of the right to collateral. (2) On December 28, 2012, the Plaintiff acquired the instant right to collateral security pursuant to Article 8 of the same Act by registering with the Financial Services Commission that acquired the secured debt of the instant right to collateral security, etc., as seen above, pursuant to Article 6

On the other hand, the Plaintiff succeeded to the status of the National Bank of Korea based on the instant collateral security through the acquisition of the claim, etc., and filed a request for auction of the instant court under Article 365 (Claim for Auction of Building on Mortgage Land) of the Civil Act regarding the real estate No. 2 listed in the separate sheet No. 365 on the instant land (hereinafter “instant building”). This court rendered a decision to commence auction on September 9, 2013, and the record registration was completed on the 16th of the same month.

Accordingly, the above D auction procedure and the above E auction procedure are combined, and the land and buildings of this case are "each real estate of this case".

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