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(영문) 수원지방법원안산지원 2014.05.27 2013가단106703
유치권부존재확인
Text

1. On March 27, 2012, the Defendants were respectively involved in the Suwon District Court Ansan Branch C and D (Dual) auction of real estate.

Reasons

1. Basic facts

A. On May 27, 2010, E completed the registration of creation of a mortgage over the real estate (part of the real estate co-ownership) indicated in the separate sheet to secure the loan obligation against the Industrial Bank of Korea (hereinafter “The Bank”) (hereinafter “the Bank”), which is the maximum debt amount 780,000,000 won.

B. On November 27, 2012, the Industrial Bank of Korea filed an application for voluntary auction on the real estate listed in the separate sheet with the Suwon District Court Ansan Branch C, based on the foregoing right to collateral security, and received a voluntary decision to commence auction on November 27, 2012. On November 28, 2012, the Industrial Bank of Korea filed a registration of voluntary decision to commence auction

C. After doing so, the Plaintiff acquired the above loan claims and collateral security from the bank, and completed the report on the change of the creditor in the auction procedure of this case.

On December 27, 2012, when the auction procedure of this case was in progress, Defendant A reported that the auction court had a lien of KRW 24,200,00 for the construction cost claim for the Macheon Construction Work that was received from F, a lessee, for the operation of the real estate stable building, and for the Nadong Construction Work that was received from F, a lessee, and that Defendant B reported that the auction court had a lien of KRW 62,50,000 for the construction cost claim on the F, a corporation F, and dormitories among the real estate listed in the attached list.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9-5, purport of whole pleadings

2. The gist of the parties’ assertion is that the Plaintiff did not have a claim for construction cost as alleged by the Defendants, and that the claim for construction cost, such as a tent, heating and cooling facility, alleged by Defendant A, was not arising from a building. The Defendants did not occupy the pertinent part of the real estate indicated in the separate sheet, and even if the Defendants occupy the household, they occupy it after November 28, 2012, which is the date of the entry of the decision on commencing auction of the instant case.

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