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(영문) 대구지방법원의성지원 2014.09.30 2014가합122
유치권부존재확인
Text

1. The Defendants reported their respective rights to the Daegu District Court's Sung Branch C [D] real estate auction case.

Reasons

1. Basic facts

A. On November 11, 2010, the Industrial Bank of Korea registered the establishment of a mortgage (G hospital) with the maximum debt amount of KRW 1,450,00,000 on the attached list Nos. 1 and 2 owned by a medical corporation E (the President F of the board of directors; hereinafter “E”), and registered the establishment of a mortgage (G hospital) with the maximum debt amount of KRW 960,00,000 on March 4, 201.

B. The Bag Capital Co., Ltd. filed an application for voluntary auction on the real estate in the attached list Nos. 1 and 2 as stated in the attached list Nos. 1 and 3 as indicated in the attached list Nos. 1 and F owned by E, and registered voluntary decision on commencement of auction with the Daegu District Court's Sung Branch C on May 29,

C. The Industrial Bank of Korea filed an application for voluntary auction on the real estate stated in the separate sheet Nos. 1 and 2, and registered voluntary decision to commence auction on October 14, 2013 as Daegu District Court Branch D. D.

On November 27, 2013, the Industrial Bank of Korea concluded an asset acquisition agreement with respect to the transfer of defective loan claims to Don-in Lynulin Lyn-Wnin, a company established and in existence pursuant to Japanese law, and entered into an asset acquisition agreement with respect to the transfer of defective loan claims to the Plaintiff on December 26, 2013.

As a result, the Plaintiff was transferred all bonds and collateral security rights to the Bank E.

E. The Defendants on August 7, 2013 and their months

8. In the above Daegu District Court's Sung Branch C [D] real estate auction case, each of the above Daegu District Court reported the right of retention by asserting that it has a claim for construction cost as follows:

On September 13, 2012, Defendant A entered into a construction contract (the first floor construction and the second floor (inpatient) and the second floor underground (the funeral hall) with respect to real estate stated in the attached list E and the attached list, and completed the construction contract, but did not receive KRW 381,00,000, out of the construction cost of KRW 762,00,000, and Defendant B did not receive the construction cost of KRW 810,800,000.

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