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(영문) 수원지방법원 2015.11.19 2014가합73414
유치권부존재확인의 소
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. The National Federation of Fisheries Cooperatives (hereinafter “the Federation”) completed the registration of the establishment of a neighboring real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) and the building listed in paragraph (2) among them (hereinafter “instant building”) with respect to the Suwon District Court, Dongwon District Court, Dongwon Registry, No. 118435, Dec. 13, 2012, which was received on December 13, 2012.

B. On May 29, 2014, the Suwon District Court filed an application for voluntary auction with D with respect to each of the instant real estate based on the foregoing right to collateral security, and the registration of a decision to commence voluntary auction was completed on May 29, 2014, and the current auction procedure (hereinafter “instant auction procedure”).

C. The Plaintiff acquired the said claim and collateral security against Suwon-Co, with respect to Suwon-Co, and completed the obligee’s report on July 17, 2014 at the instant auction procedure.

On the other hand, in the instant auction procedure, Defendant A reported a lien on each of the instant real estate on September 3, 2014 with the construction cost of KRW 200 million as the secured claim, and Defendant B reported a lien on each of the instant real estate as the secured claim, on September 12, 2014, based on the interior cost of KRW 6582,00 as the secured claim regarding the instant building.

[Based on recognition] Defendant B: Confession (the main text of Article 150(3) and (1) of the Civil Procedure Act), Defendant A: The absence of dispute, Gap 1-4, Eul 1, and the purport of the whole pleadings

2. The gist of the cause of the claim asserts that the Defendants asserted a lien while they have a claim for construction cost as to the instant building. However, the Defendants’ claim for construction cost did not exist, and the Defendants did not occupy each of the instant real estate, and thus the Defendants’ lien is not recognized. Therefore, the Defendants seek confirmation of the absence of a lien.

3. The defendant B does not submit a written reply within 30 days from the date of receipt of the complaint, and the defendant B shall be present at the date of pleading.

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