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(영문) 의정부지방법원고양지원 2015.07.22 2014가합9113
유치권부존재확인
Text

1. The Defendants’ lien does not exist as to each real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. The current status of the registration and use of the instant real estate 1) On January 28, 201, KONEX Investment Co., Ltd.: (a) each real estate indicated in the separate sheet indicating real estate on January 28, 201 (hereinafter “the instant real estate”).

On December 9, 2010, after completing the registration of ownership transfer on the ground of sale by voluntary auction on December 9, 2010, with respect to C and D, the registration of ownership transfer was completed on the same day with respect to each of the shares owned by C and D. 2) On January 28, 2011, the D and D completed the registration of establishment of a neighboring maximum debt amount of KRW 1.15 million with respect to each of the shares owned by C and D as the debtor, and the D and D as the secured debt amount.

3) On November 23, 2011, D completed the registration of transfer of D shares among the instant real estate to E, and on the same day, D had completed the registration of transfer of mortgage with respect to D shares, and F completed the registration of transfer of mortgage of KRW 187 million with respect to the instant real estate as the debtor, and the maximum debt amount of KRW 187 million with respect to the instant real estate as the mortgagee, on March 4, 2013.

5) On November 18, 2013, C completed the registration of ownership transfer of C shares among the instant real estate with F on November 18, 2013.6) Meanwhile, each of the real estate listed in paragraphs 1 through 5 of the indication of attached real estate among the instant real estate is being used as a schep and golf practice range as auxiliary facilities in a state where the boundaries are not specified, and the real estate listed in paragraph 6 is being used as a soup.

B. 1) The F applied for voluntary auction with respect to shares owned by E in the instant real estate, which was voluntarily decided on December 26, 2013, and the registration of the decision on commencement of auction was completed on December 27, 2013. 2) The KF applied for voluntary auction with respect to shares owned by E in the instant real estate.

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