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(영문) 서울고등법원 2015.09.17 2015나2007648
유치권부존재 확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

(a) On October 9, 2008, the Industrial Bank of Korea shall be limited to the shares of 8,265/8,427 shares in the shares in the land listed in [Attachment List No. 1-3) through (5) of annexed sheet No. 1: Provided, That in the case of each land listed in [Attachment List No. 1-3) to 5].

(2) On January 19, 2009, the joint security is 1,232 square meters in general steel structure, 165 square meters in a single floor, and 22 square meters in general steel structure, 165 square meters in a single floor, and 3 square meters in a single floor office in general steel structure, 165 square meters in a single floor office in general steel structure, and 600 square meters in a single roof factory in general steel structure, 600 square meters in a single floor.

(hereinafter “each of the instant buildings” and completed the registration of the establishment of a neighboring mortgage and the registration of the modification of a right to collateral security on each of the instant buildings, which are composed of each of the instant land and each of the instant buildings, respectively.

B. On November 14, 2011, the Industrial Bank of Korea completed the registration of creation of a mortgage on each of the instant real property, etc. with the maximum debt amount of KRW 500 million, the debtor Park Jong-dae and the Industrial Bank of Korea established the mortgage right.

(hereinafter collectively referred to as “each of the instant collateral security”).

The Industrial Bank of Korea applied for a voluntary auction on November 19, 2013 with respect to each of the instant real estate, and received a voluntary decision on the commencement of auction on December 5, 2013 (U.S.) (U.S. District Court Sejong Housing Site A), and accordingly, on December 6, 2013, the registration of the entry of the decision on voluntary commencement of auction was completed on each of the instant real estate.

(hereinafter referred to as the “instant auction procedure”). D.

After December 26, 2013, the Industrial Bank of Korea established under the Asset-Backed Securitization Act, each of the instant mortgages against the Plaintiff, a special purpose company established under the Asset-Backed Securitization Act.

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