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(영문) 춘천지방법원영월지원 2014.10.02 2013가합1046
유치권 부존재 확인
Text

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

2...

Reasons

1. Basic facts

A. On August 4, 2011, the National Federation of Fisheries Cooperatives completed the registration of creation of a neighboring mortgage with the debtor E Co., Ltd. (hereinafter “Nonindicted Company”) and the maximum debt amount at KRW 600 million with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. F applied for a compulsory auction for real estate set forth in the attached list Nos. 3 and 5 to the Youngcheon District Court for a monthly branch of the Chuncheon District Court on August 28, 2012, and the decision to commence a compulsory auction for real estate was completed on the same day.

C. On May 2, 2013, the National Federation of Fisheries Cooperatives filed an application for voluntary auction of each of the instant real estate at the Youngcheon District Court Young-gu Branch HH, and the decision to commence the auction of real estate was made on May 2, 2013, and the same date was registered, and the said G auction procedure was combined in the said G auction procedure.

(hereinafter referred to as the “instant auction procedure,” all of the auction procedures conducted in combination as above. D.

Defendant D was appointed as the representative director of the non-party company on October 6, 2008, and retired on October 6, 201, and the retirement registration was completed on April 13, 2012.

Since July 25, 2011, Defendant C continued to hold 2,000 shares of the non-party company (20% shares) as a director of the non-party company since July 25, 201.

Defendant B served as a director of the non-party company from July 14, 2006 to July 14, 2009, and continued to serve as a director of the non-party company from July 25, 2011, and held 2,000 shares of the non-party company (20% shares).

On July 3, 2013, the reported amount of the secured claim as of the date of reporting the lien of the reporter, and the contract for construction of the construction of the ground gate (284,400,000 won for the construction work) as indicated in the attached Table No. 2 of July 28, 2010, which was concluded between the Defendant and the non-party company on July 28, 2010, and the I ground gate-gun of Gangseo-gun.

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