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(영문) 서울고등법원(춘천) 2020.05.13 2019나51800
유치권 부존재 확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Presumed factual basis

A. Defendant C is a company established for the purpose of the electrical construction business, the distribution business of new and renewable energy development, etc. (hereinafter “Defendant B”) for the purpose of energy-related research and development, the manufacturing business of energy-related equipment, etc.

3) Defendant B and D-related companies G (hereinafter “G”)

2) As to the Plaintiff, H Co., Ltd. (hereinafter “H”)

Defendant B I C, J, K L L, L - G - L - C, C, M, M-N4) Defendant C is the denial by J, and I, and L is the children of Defendant C and J.

B. The Plaintiff and the Korea Technology Finance Corporation set up a collateral security on the instant real estate (hereinafter collectively referred to as “instant real estate”) attached Form 1

(2) As to the instant real estate on January 5, 2017, the Plaintiff completed the registration of the establishment of a mortgage on January 5, 2017, on the ground that G paid the sale price at the auction procedure to exercise the security right. (2) On January 5, 2017, the Plaintiff completed the registration of the establishment of a mortgage on the basis of a contract concluded on January 5, 2017, with the maximum amount of debt KRW 3.4 billion, the debtor G, and the mortgagee A.

3) On March 22, 2017, the Korea Technology Finance Corporation completed the registration of creation of a neighboring mortgage with respect to the instant real estate, which was based on a contract that was concluded on March 10, 2017, the maximum debt amount of KRW 1 billion, the debtor H, the mortgagee of the right to collateral security, and the Plaintiff of the Korea Technology Finance Corporation. (C) On March 7, 2018, the Korea Technology Finance Corporation filed an application for an auction to exercise the right to collateral on the instant real estate and received a decision to voluntarily commence the auction on March 7, 2018, and accordingly, on March 8, 2018.

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