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(영문) 수원지방법원성남지원 2015.06.10 2015가합200841
유치권부존재확인
Text

1. Claim 462,00,000 won for each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of asset-backed securitization business, such as acquisition and transfer of bonds, security rights, and other property rights, pursuant to the Asset-Backed Securitization Act.

B. The Industrial Bank of Korea completed on May 31, 2002 the establishment registration of each of the real estate and machinery listed in the separate sheet owned by C pursuant to the Factory and Mining Foundation Mortgage Act (hereinafter “the instant real estate”) with respect to the real estate and machinery owned by C, which are in accordance with the Factory and Mining Foundation Mortgage Act, with a view to securing the loan claims against C operating a mutual company B, “B” (hereinafter “B”), including the maximum debt amount 240,000,000,000 won on August 24, 2004, and the maximum debt amount 1,50,000,000 won on August 28, 2009.

C. On November 26, 2012, the Industrial Bank of Korea filed an application for voluntary auction based on the above right to collateral security D with respect to the instant real estate with the Suwon District Court Sung-nam Branch D, and received a decision to commence voluntary auction from the above court, and completed the registration of the entry in the decision to commence auction on the same day.

On November 15, 2013, Defendant Mine Construction Co., Ltd. (hereinafter “Defendant Mine Construction”) reported a lien by asserting that “The outstanding amount of the construction cost out of KRW 462,00,000 for the construction cost for the expanded civil works of a factory is exercising a lien,” and Defendant A reported a lien on December 3, 2013, in the instant auction procedure, that “the outstanding amount of the construction cost out of KRW 462,00,000 for the expanded civil works of a factory is exercising a lien.” In the instant auction procedure on December 3, 2013, Defendant A reported a lien by asserting that “the outstanding amount out of KRW 325,00,000 for the production, etc. of a non-sinfined finite, as the outstanding amount is KRW 237,623,80

E. Meanwhile, under the Asset-Backed Securitization Act on September 26, 2013, the Plaintiff acquired loans to C from the Industrial Bank of Korea and claims for collateral security from the Joint Asset Management Co., Ltd. to secure such loans and claims for collateral security, and registered the transfer of claims and the transfer of assets under the said Act around that time.

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