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(영문) 대전지방법원서산지원 2017.07.11 2016가단55129
유치권부존재 확인
Text

1. The attached list in which the defendant reported his right in the case of the auction of the real estate A in Seosan Branch of Daejeon District Court A.

Reasons

1. Facts of recognition;

A. On October 23, 2015, the Industrial Bank of Korea, as a creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed on October 26, 2015 (hereinafter “instant auction procedure-mortgage-

(2) On October 22, 2015, the Industrial Bank of Korea, instead of the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”), agreed that the Industrial Bank of Korea, the Bank of Korea, and the Plaintiff, on November 13, 2015, transferred its claim against B to a stock company, and that the Plaintiff was transferred its claim against B.

Accordingly, the Industrial Bank of Korea notified the assignment of the above assignment to B on November 16, 2015 and on November 19, 2015, and publicly announced the assignment of the above assignment in two daily newspapers on November 20, 2015.

B. Defendant B’s claim 1) On April 25, 2012, the Defendant entered into a contract with 16 companies, including C, etc., including C, under which the Defendant represented B, setting the construction cost of KRW 1.8 billion for the construction for the construction for the D District Factory Site. The Defendant agreed to pay the construction cost by sharing the construction cost according to the ratio of the size of each company’s factory site size with B, etc. (2) On October 31, 2013, B entered into a notarized deed of promissory notes, which is the face value of 148,52,135 for the construction cost.

On November 15, 2016, the payment order (The Daejeon District Court Branch Decision 2016Da18366) that accepted the Defendant’s claim was finalized.

3) In the instant auction procedure on January 28, 2016, the Defendant reported the lien with the claim for the construction cost as the secured claim at the instant auction procedure. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 1 through 9, evidence Nos. 1 through 1, and evidence No. 2, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The plaintiff.

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