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(영문) 춘천지방법원영월지원 2016.10.06 2015가합276
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On December 31, 2010, the Plaintiff completed the registration of the establishment of a neighboring factory and mining foundation pursuant to the Factory Mortgage Act (hereinafter “factory Mortgage Act”) with respect to each immovable property, other than seven parcels of land (hereinafter “the instant real property”), as indicated in the separate sheet owned by C Co., Ltd. (hereinafter “Nonindicted Company”) and its ground machinery and equipment, with the maximum debt amount of KRW 2.964 billion on December 31, 2010, and the maximum debt amount of KRW 1.3 billion on May 12, 2011.

(hereinafter “instant collateral security”). Afterward, the ownership of 1/50 of the instant real estate was transferred to Defendant B on February 20, 2012.

B. D et al., a creditor of the non-party company, filed an application for compulsory auction on April 18, 2014 for the share of the non-party company among the real estate in this case to this court E, and the compulsory auction was commenced on April 18, 2014, and thereafter, the Plaintiff also filed an application for voluntary auction on June 20, 2014 with the court F, and the said auction was commenced on June 20,

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, around February 2, 2012, the Defendants reported the right to the effect that, with respect to the subject matter of auction on June 1, 2015, the Defendants had a lien holding a claim of KRW 1.323 billion as secured claim pursuant to the facility and machinery installation contract concluded with a non-party company with the following content (hereinafter “instant installation contract”).

Article 1 (Subject Matters) 1) 1) 30 tons of 8,000 x 10 tons of 22,000 x 10 tons of 12,000 x 10 tons of 22,000 x 9M (product lending) x 20 tons of transport (product lending) outside factory type 20 x 23M type 23m x 15 tons of 23M type 23m x 10 15 type 23M x 15m 7m 7m x 15m x 15m x 15m x 2 (Establishment Place) inside the factory of the non-party company in Young-gun, Gangwon-do. The Defendants are required to install the facilities inside the factory of the non-party company in Young-gun, Seoul Special Metropolitan City, and the Defendants are found to scrap the Defendants or the Defendants are found to have caused the circumstances in the factory.

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