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(영문) 인천지방법원부천지원 2015.07.07 2014가단20976
유치권부존재확인
Text

Attached Form

It is confirmed that there is no lien for each real estate listed in the list.

Reasons

Facts of recognition

Plaintiff

On December 15, 2010, the Kimpo-dong Fund shall specify each real estate in the sequences No. 1 through 7 of the [Attachment List No. 1] owned by G (hereinafter “instant real estate”), and completed the registration of establishment of neighboring real estate No. 8 (hereinafter “instant building”) owned by G in the Incheon District Court No. 65351 as to the registration of establishment of creation of neighboring real estate under Article 65351 as to the annexed list No. 1 through No. 63657 and No. 63658 as to the annexed list No. 63658.

Plaintiff

On December 15, 2010, the Hanyang-dong Saemaul Savings Depository completed the registration of establishment of collateral security by the Incheon District Court No. 65351 as to the real estate No. 1 through 7 of this case, and the registration of establishment of collateral security by the Incheon District Court No. 63657 and No. 63658 as to the real estate No. 8 of this case.

Plaintiff

On January 7, 2013, upon the application of the Kimpo-dong Community Fund, the registration of the entry of the decision on voluntary commencement of the auction by this court concerning the real estate Nos. 1 through 4 in the instant case was completed on March 29, 2013, and the registration of the entry of the decision on voluntary commencement of auction by this court on March 29, 2013.

(2) The Defendants filed a lien report at the auction procedure of this case on the following grounds: (a) the registration of the decision to commence the auction of this case was the “registration of the entry of the decision to commence the auction of this case”; and (b) the Defendants filed a lien report at the auction procedure of this case

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 (including branch numbers in the case of additional numbers), and indication of the claim as to the claim against the defendant Gap: The Civil Procedure Act by means of service for confirmation of existence of lien, provided that the defendant did not possess the building of this case prior to the registration of the entry of the decision to commence the auction of this case, based on the above facts of recognition.

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