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(영문) 창원지방법원밀양지원 2019.06.14 2018가합10479
유치권 부존재 확인
Text

1. The defendants' lien on each real estate listed in the separate sheet Nos. 1 to 7 and the separate sheet Nos. 8 to 17.

Reasons

1. Basic facts

A. The Plaintiffs, while implementing a loan to G, will offer each of the instant real estate listed in the separate sheet owned by H (hereinafter referred to as “each of the instant real estate”), as security. On January 26, 2016, the Plaintiff Union completed the registration of establishment of each of the instant real estate on the instant real estate 1 through 7, and the Plaintiff Union completed the registration of establishment of each of the instant real estate 13 through 17 with respect to the instant real estate.

B. After that, as G did not repay the above loan obligation, the Plaintiff Union filed an application for voluntary auction with the Changwon District Court for the instant real estate Nos. 1 through 7, the Plaintiff Union filed an application for voluntary auction with the same court with respect to the instant real estate Nos. 8 through 12, and the Plaintiff Union filed an application for voluntary auction with K of the same court with respect to the instant real estate Nos. 13 through 17, and the said court rendered a decision to commence voluntary auction on February 12, 2018 and February 13, 2018, and currently the auction procedure with respect to each of the instant real estate is underway.

I J K Defendant D’s report date of April 20, 2018, KRW 44,800,000 for the secured debt on April 20, 2018, as of April 20, 2018, and KRW 95,000 for the secured debt on April 20, 2018, and KRW 269,50,000 for the secured debt purchase price on July 18, 2018, and KRW 6,350,00 for the construction price on July 18, 2018.

C. Meanwhile, the Defendants reported the lien in each of the above auction procedures with the contents indicated below.

[Ground of recognition] Defendant D: A without dispute, Gap evidence 1 (including additional number), Gap evidence 2, and 3-1; the purport of the whole argument; defendant E Co., Ltd. (hereinafter “Defendant E”); and defendant F Co., Ltd. (hereinafter “Defendant F”): by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant D

A. In a passive confirmation lawsuit, such as a lawsuit seeking confirmation of non-existence of a lien, the Plaintiff first claims.

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