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(영문) 의정부지방법원고양지원 2014.05.09 2013가합51896
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. The Korea Agricultural Cooperative established the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the separate list as security (hereinafter “each real estate of this case”) by granting a loan to C as indicated below “the right to collateral security and collateral security”).

On December 5, 2005, 150,000,000 on December 5, 2005, 200 on the loan principal of the loan date or the right to collateral security loan principal, and on March 27, 2006, 350,000 on March 27, 2006; 30,000 on March 4, 2007; 130,50,000 on June 4, 2007; 130,000,000 on June 6, 200, 200, 130,000,00 on June 9, 200, 200, 130,000,50 on November 9, 200, 200, 1300,50,000 on November 9, 200, 2007;

B. C’s failure to repay the above loan obligation, the Hansan Agricultural Cooperative filed an application for a voluntary auction of real estate (hereinafter “the instant voluntary auction”) with this court regarding each of the instant real estate based on the instant collateral security (hereinafter “instant voluntary auction”) on July 17, 2012, and completed the registration of the entry on July 19, 2012.

C. On April 18, 2013, the Korea Agricultural Cooperative transferred the instant right to collateral security and its secured claim to the Plaintiff, and the Plaintiff came to have the status of the applicant creditor and the mortgagee at the instant voluntary auction.

On June 2013, the Defendants reported that the right of retention exists for the claim for construction cost of KRW 600,000,000 regarding each of the instant real estate in the instant voluntary auction procedure.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted by the Plaintiff, one of the parties, filed a lien on the claim for construction cost as the secured claim during the instant voluntary auction procedure, but the Defendants filed a lien on each of the instant real estate.

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