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(영문) 서울동부지방법원 2017.04.06 2016가합101974
유치권부존재확인의 소
Text

1. The part of the Plaintiff’s lawsuit against Defendant A concerning the real estate stated in attached Table 1, and the Defendant.

Reasons

Basic Facts

Samples Co., Ltd., Ltd., Ltd., on June 27, 2013, completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant real estate”, and indicated “instant 101”) from a partnership group (hereinafter “partnership”) on the same day with respect to each real estate as indicated in the separate sheet on the same day.

Since then, on October 24, 2013, a partner completed the provisional registration of the right to claim ownership transfer on the ground of trade reservation made on October 22, 2013 (hereinafter “the provisional registration of this case”). On the same day, a partner completed the registration of the establishment of a mortgage with respect to the real estate of this case as the maximum debt amount, 40 million won as the debtor, and as the sample of the debtor corporation.

The application for voluntary auction and the Defendants’ right of retention, while our bank, Inc., the mortgagee of the instant real estate, filed an application for the commencement of voluntary auction as to the instant real estate with this court C, and the registration of the decision on commencement of auction was completed on June 12, 2015.

(2) On August 12, 2015, Defendant A reported a lien on the instant real estate as the secured claim, with respect to the instant real estate’s claim for construction cost (fixed construction works, water supply and sewerage construction works, etc.) of KRW 500 million on August 31, 2015, and Defendant B (hereinafter “Defendant B”) also reported a lien on the instant real estate’s claim for construction cost of KRW 66,420,00 on November 12, 2015, as the instant real estate’s claim for construction cost of KRW 101,00 on the instant real estate.

On August 16, 2016, our bank, which acquired the Plaintiff’s ownership, withdrawn the application for voluntary auction, and on August 19, 2016, the registration of the decision on commencement of auction was cancelled.

On August 24, 2016, partnership companies trade the real estate of this case as of August 16, 2016 on the basis of the provisional registration of this case.

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