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(영문) 서울중앙지방법원 2015.01.16 2014가합48786
채무 및 유치권 부존재확인
Text

1. The defendant as to the real estate stated in the separate sheet in the Seoul Central District Court C real estate auction case.

Reasons

1. Basic facts

A. On April 26, 2007, the Plaintiff created a mortgage on the instant real estate, with respect to the share of D. D. 2,438.6 square meters in Jung-gu, Seoul (hereinafter “instant land”) owned by the Jung-gu, Seoul (hereinafter “the instant company”) and the share of 10th floor of the sales facilities of reinforced concrete tank 14/19620.425 shares on the instant building (hereinafter “the instant building”). On May 2, 2007, the Plaintiff registered the establishment of a mortgage on the instant real estate with a maximum debt amount of 2.47 million won as each debtor company, the instant company, and the maximum debt amount of 2.7 billion won as each waiver of share on May 2, 2007, the share of each of the instant real estate was modified to the share of each of the instant real estate (hereinafter “each of the instant real estate”).

B. The instant company entered into a real estate disposal trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on August 7, 2008. On August 27, 2008, the instant company entered into a real estate disposal trust agreement with respect to the ownership share of the instant land and buildings. On August 27, 2008, the Korea Land Trust entered into a real estate disposal trust agreement with the Korea Land Trust with respect to the share of the instant land, which was owned by it, on August 6, 2007, shares of the instant land, and the share of the instant building on August 68, 1963, 19620.

C. The instant auction procedure and the Defendant’s right of retention 1) On June 30, 2014, the Plaintiff voluntarily held the instant real estate as Seoul Central District Court C on June 30, 2014 (hereinafter “instant auction”).

(2) On September 12, 2014, the Defendant filed an application for commencement of auction on July 1, 2014, and on September 12, 2014, the said court reported the right of retention (hereinafter “instant lien”) based on KRW 1,299,44,347, the delinquent management expenses incurred from May 2007 to August 2014 against the instant company in the instant auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2, 3, and 7, and arguments.

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