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(영문) 수원지방법원 2016.08.23 2016가단2242
유치권부존재확인
Text

1. All of the claims filed by Plaintiffs (Appointeds) for the management of the assets of the Plaintiff’s order auction corporation and the Plaintiff’s order.

Reasons

1. Basic facts

A. On June 14, 2006, D completed the registration of ownership transfer with respect to F forest E (hereinafter “E”) 9,756 square meters. From F forest land 9,756 square meters, a total of 6,265 square meters of G through H forest was divided on October 29, 2009, and 173 square meters of I forest land was divided on February 22, 2010, and a total of 2,761 square meters of forest land was divided on December 7, 2010.

B. (1) As above, D completed the registration of ownership transfer as to B forest land No. 221 square meters and C forest land No. 110 square meters (hereinafter collectively referred to as “the instant forest”). As to the instant forest land, Songsan Agricultural Cooperative completed the registration of ownership transfer as to the instant forest land No. 1120,000,000 won with the maximum debt amount on October 14, 2009, the debtor K, the registration of creation of a neighboring forest to K, the Defendant completed the registration of creation of a mortgage on June 7, 2013, the debtor corporation, the debtor corporation, the debtor corporation, and the registration of creation of a neighboring forest No. 110,110 square meters (hereinafter referred to as “the instant forest”). On March 24, 2014, Songsan Agricultural Cooperative was voluntarily decided to commence the auction on the instant forest land as Suwon District Court.

(hereinafter “instant auction procedure”) besides the instant forest, P forest land 557 square meters and Q forest land 668 square meters were the objects of auction of the instant forest land.

(2) At the instant auction procedure, the Appointers M and N purchased the instant forest on June 16, 2015, and completed the registration of ownership transfer each of 1/2 shares on August 13, 2015, respectively. The Plaintiff Co., Ltd. and the YY Co., Ltd. completed the registration of ownership transfer on September 1, 2015 regarding B forest land 221 square meters among the instant forest land as a joint owner.

(3) On October 20, 2015, the Defendant received dividends of KRW 1,797,964 as the mortgagee of the instant forest in the instant auction procedure.

C. (1) On April 1, 2010, the Defendant, as a person performing civil engineering works under the trade name of “O”, concluded a contract for construction works between D and D, setting the construction cost of the instant forest and FR, R, S, P, Q, Q, and J forests as KRW 65 million for the construction cost of soil and sand and the construction cost of the site adjustment works for soil and sand removal, and the construction period from April 1, 2010 to September 19, 2010.

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