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(영문) 의정부지방법원 2015.05.15 2014가단18605
유치권부존재확인
Text

1. The remaining list of the instant lawsuit, excluding (a) 1 4389.15 square meters per dong among the factories listed in paragraph (2) of the attached Table among the instant lawsuit.

Reasons

1. Facts of recognition;

A. On June 30, 2006, the New Bank Co., Ltd. completed the registration of creation of a collateral of USD 260,000 with respect to each real estate listed in the separate sheet owned by C Co., Ltd. (hereinafter “C”), and completed the registration of establishment of a collateral of KRW 2,535,000 with respect to each real estate listed in the separate sheet owned by C (hereinafter “C”), and completed the registration of establishment of a collateral of KRW 2,535,000 with respect to May 17, 2007

B. The New Bank Co., Ltd. shall: A.

Based on each of the right to collateral security stated in the claim, the Korean Government District Court B filed an application for a voluntary auction of real estate on July 11, 2013, and the said court rendered a voluntary decision to commence auction on July 11, 2013.

(hereinafter referred to as “instant auction procedure”). C.

On December 23, 2013, when the auction procedure of this case was in progress, the Plaintiff acquired the claim and right to collateral security against C from the new bank Co., Ltd.

(1) On March 10, 2013, the Defendant entered into a contract with C for the construction of household exhibition and floor installation work (hereinafter “instant construction work”) in the inside of 4389.15 square meters of the first floor operated among the real estate listed in attached Table 2, as indicated in attached Table 2 (hereinafter “instant building”) with C, and completed the instant construction work on April 2013.

(2) As the Defendant did not receive the instant construction cost from C, it was exercising the right of retention while occupying the instant building. Upon the commencement of the instant auction procedure, the Defendant reported the right of retention to the auction court on November 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 5, Eul evidence 1 through Eul evidence 3, Eul evidence 5, Eul evidence 8 (including partial numbers), witness witness evidence and the purport of the whole pleadings

2. In a lawsuit for confirmation of claim for the real estate other than the part of the instant building, the benefit of confirmation is disputed between the parties regarding the legal relationship subject to the lawsuit, and accordingly, when the legal status of the plaintiff is unstable and dangerous.

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