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(영문) 수원지방법원안양지원 2014.12.18 2014가합100752
유치권부존재 확인의 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 Plaintiff completed the registration of the establishment of a neighboring real estate (hereinafter “each of the instant real estate”) listed in the separate sheet owned by the Suwon District Court on December 27, 201, No. 123284, which was received on December 27, 201, with respect to each of the instant real estate (hereinafter “each of the instant real estate”) as the obligor Lesn&C, the mortgagee, the mortgagee, the maximum debt amount of which was KRW 3,900,000,000.

B. On July 23, 2013, the Plaintiff filed an application for voluntary auction based on the foregoing right to collateral security (hereinafter “instant auction procedure”) with E in order for LebC C&C to discharge the above loan obligation, and the auction procedure was commenced on July 23, 2013 (hereinafter “instant auction procedure”). On the same day, the registration of the entry in the decision on commencement of auction was completed.

In addition, each real estate of this case has completed the following registration of the decision on commencing auction.

Real estate (Attached List Nos. 1) is a real estate applicant's temporary case number 2, 4, and 5 of the date of the registration of the entry of the decision on commencing auction at the time of the applicant's commencement of auction, and on January 2, 2013, the Suwon District Court F. F. 2, 2013, Suwon Card Co., Ltd., Ltd. on January 14, 2013.

On November 26, 2013, the Defendants reported the right of retention by asserting that they possess each of the instant real estate based on the secured claim as follows in the instant auction procedure.

1. On August 14, 2012, Defendant B, C, and C entered into a sales contract with A for the right to use a parking lot and for the waste generated from the construction of the removal of the above facilities, and paid KRW 500,000,000 as the sales price, with regard to the above facilities, and thus, the said contract should be cancelled.

Accordingly, A is obligated to return the above purchase price of KRW 500,000,000 to Defendant B and C as restitution.

② Defendant B shall on August 2012

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