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(영문) 대전고등법원 2018.06.20 2017나15407
유치권부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter referred to as “instant land” and each real estate listed in the separate sheet Nos. 1 and 2, listed in the separate sheet (hereinafter referred to as “instant building”) are the co-ownership of J and K (each share).

As to the instant real estate, the Plaintiff: (a) received on July 30, 2014, the registration of the establishment of a collateral security interest with the maximum debt amount of KRW 450 million, the debtor J and K, and the Plaintiff was transferred on October 31, 2014 to the Daejeon District Court No. 31396, which was received on October 31, 2014, with the maximum debt amount of KRW 150 million, the debtor J, K, and the mortgagee L was transferred on November 3, 2016, with the registration of the establishment of a collateral security interest of KRW 31308.

B. As to the instant real estate, the instant real estate: (a) a mortgagee of a collective security interest applied for an auction of the real estate as M&D M&D branch of the Daejeon District Court rice branch; (b) the entry registration of the decision on commencing auction was completed on September 1, 2015; and (c) a mortgagee of a collective security interest applied for an auction of the real estate as N&DO; and (d) the entry registration of the decision on commencing auction was completed on October 2, 201

The auction of each of the above real estate was conducted in the same support M.O.

(hereinafter “Voluntary Auction,” and the instant voluntary Auction was withdrawn on December 2, 2017 while the instant lawsuit was pending, and thereafter, the Plaintiff appears to have applied again for the voluntary Auction of real estate concerning the instant real estate on January 2018.

The Defendants reported the following lien at the voluntary auction of the instant case.

① Defendant B reported the lien on September 23, 2015, to the effect that the instant real estate had a claim for construction cost of KRW 190 million upon receiving a subcontract for the part of the structural construction project from New Co., Ltd., Ltd. with respect to the instant real estate.

② Defendant C is awarded a contract for the purification work with the former owner for the instant real estate, and the construction cost of KRW 142 million is assessed against the former owner.

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