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(영문) 서울고등법원 2016.07.15 2015나2047295
유치권부존재확인 청구의 소
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed at the trial court, shall be modified as follows:

In this case.

Reasons

1. Basic facts

A. I, J, K, and L own each of the real estate listed in the separate sheet (hereinafter “instant building”) as indicated in the “owner” column as listed below (hereinafter “the instant building”), and each of the units of the instant building is specified as housing units.

On February 8, 2013, the Plaintiff loaned a total of KRW 1.67 billion to I, J, K, and L on the same day, and completed the registration of establishment of a mortgage on the instant building as the Plaintiff and the debtor as the owner of each unit on the same day.

(hereinafter “each of the instant collective security interests”). 140,00 J 140,00,000 182,000,000 182,000,000 30,000 301,000,000 J 140,000 182,000 182,000,000 40,000 130,000,000 130,000,000 169,000,000 140,000 540,000,000 540,000 140,000,000 182,000,000 640,000,0000 640,0000 640,0008,0000

B. On November 201 and December 12, 2013, the Plaintiff filed an application for voluntary auction with the Seoul Western District Court regarding each subparagraph of the instant building based on each of the instant collective security rights.

In each of the above auction procedures, the Defendants, the Defendant (designated parties, hereinafter “Defendant”) and the designated parties (hereinafter collectively referred to as “the Defendants”) filed a lien report with respect to each of the following subparagraphs of the instant building by asserting that the construction of the instant building was carried out and the construction price was not paid.

o Defendant A Co., Ltd. (hereinafter referred to as “A”), and 201, 202, 301, 302, 402, 401, 402, 501, 502, 601, 602, 701, 702, 702, 702, 702, 801, and 801, Defendant F (193, 401 won, 134,00,000 won, 18,000,000 won, and D (amount reported): 201,202,301, 302, 302, 401, 401, 402, and 801, respectively.

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