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(영문) 대전지방법원논산지원 2015.06.04 2014가단20922
유치권부존재확인의 소
Text

1. With respect to each real estate listed in the separate sheet No. 1 list, the debtor for rehabilitation shall comply with A. B.

Reasons

Basic Facts

1) Our Bank Co., Ltd. (hereinafter “Korea Bank”)

ABcom Co., Ltd. (hereinafter “ABcom”) on February 28, 2011

) Each of the real estates listed in the separate sheet No. 1 owned by Abcom and Abcom (hereinafter “each of the instant real estates”).

A) As to each of the instant real estates on the same day, the establishment of a mortgage agreement with the maximum debt amount of KRW 840 million was concluded, and completed the establishment of a mortgage regarding each of the instant real estates on the same day (hereinafter “instant mortgage”).

2) The secured claim of this case against Abcom by the Bank is as shown in the separate sheet No. 2.

(2) On June 20, 2013, the Plaintiff concluded a contract to sell assets, including the instant claims and the instant collateral security (hereinafter “instant claim”) with the aim of transferring assets to a joint asset management company (hereinafter “joint asset management”) on June 20, 2013, and our bank (hereinafter “joint asset management”) with the intent of transferring assets including the instant claims and the instant collateral security (hereinafter “mortgage”) to the Financial Services Commission under the Asset-Backed Securitization Act.

(3) Around that time, the Plaintiff registered an asset-backed securitization plan with respect to the instant claims and assets containing the instant collateral security (hereinafter “instant asset sales contract”) with the Governor of the Financial Supervisory Service. (4) On June 27, 2013, the Plaintiff entered into a contract with the Governor of the Financial Supervisory Service on the transfer of all the rights, obligations, and contractual status of a purchaser under the instant asset sales contract pursuant to Article 10(6) of the Assets sales contract, thereby becoming a party to the instant asset sales contract (hereinafter “instant transfer contract”); and on the same day, the Bank transferred the securitization assets to the Governor of the Financial Supervisory Service on the same day.

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