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(영문) 서울고등법원 2016.06.24 2015나2058646
유치권부존재확인
Text

1.Paragraphs 1 and 2 of the judgment of the court of first instance shall be amended as follows:

Attached Form

each real estate entered in the list.

Reasons

1. Basic facts

A. 1) The acquisition of the right to collateral security on each real estate (hereinafter “each of the instant real estate”) listed in the [Attachment List of our Bank Co., Ltd. (hereinafter “Korea Bank”) (hereinafter “the instant real estate”) is the acquisition of the right to collateral security on June 15, 2012 (hereinafter “the right to collateral security”) shall be deemed to be the “the right to collateral security”).

(1) The real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) between the Company and the Company

As to the mortgage, the mortgagee entered into a contract to establish a collateral security with the amount of KRW 1,800,000 with respect to the bank, the debtor, and the maximum amount of debt, and completed the registration of the establishment of the collateral security (hereinafter “instant 1 collateral security”) with the Incheon District Court Decision No. 60189, Jun. 15, 2012, which was received as of June 15, 2012.

(2) On the ground of this case, the Plaintiff concluded a joint mortgage agreement with the Bank, the debtor, the maximum debt amount of which is KRW 1,40,000,00 on December 7, 2012, and completed the joint collateral registration of the establishment of the joint collateral (hereinafter “instant building”) under Article 12630 of the [Attachment List No. 2], which was newly constructed on the ground of the instant land and completed the registration of establishment of the joint collateral registration (hereinafter “the instant building”) under the name of the Ministry of Incheon District Court Branch No. 12537, Dec. 4, 2012, with each of the instant real estate and the factory foundation as the joint collateral, and completed the registration of establishment of the mortgage as the Incheon District Court’s branch office, the Incheon District Court concluded a joint collateral registration agreement with 1,440,000,000 won as the joint collateral of the instant building (hereinafter “the instant mortgage No. 2637, Dec. 12, 2012”).

3. On January 23, 2013, our bank concluded a joint mortgage agreement with the Bank, the debtor, the maximum debt amount of which is KRW 240,000 with respect to each of the instant real estate on January 23, 2013, and received on January 24, 2013 from the Incheon District Court Branch of the Incheon District Court.

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