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(영문) 대구지방법원포항지원 2015.04.10 2014가합40096
유치권부존재확인의 소
Text

1. As to each real estate listed in the separate sheet in the Daegu District Court Port District Court B in the auction of real estate rent B, 120.

Reasons

1. Basic facts

A. On November 13, 2012, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of creation of a mortgage with respect to each of the buildings listed in the separate sheet owned by C (hereinafter “each of the instant stores”) on November 13, 2012 (hereinafter “each of the instant stores”). When individually referring to each of the said stores, each of the “201 stores” and “202 stores” according to the number of units, and the building in which each of the said stores is located (hereinafter “instant building”) as to the maximum debt amount, KRW 960,000,000,000 for the maximum debt amount, and a neighboring mortgage holder as the National Bank.

B. C’s failure to repay the obligation of the loan, and on July 16, 2013, the National Bank applied for an auction of real estate on each of the instant stores on July 16, 2013 and rendered a decision to commence the auction on July 18, 2013 (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch B; hereinafter “instant auction procedure”), and the registration of the entry in the decision to commence the auction was completed on the same day.

C. After that, the Plaintiff acquired the credit and collateral security from the National Bank to the above C, and reported the change of the name of the credit to the auction court.

In the auction procedure of this case, on December 17, 2013, the Defendant submitted a lien report stating that the Defendant exercises a lien of KRW 120 million against C as the preserved claim for the construction price of KRW 120 million in the auction court.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, Gap evidence 6-1 and 6-2, the purport of the whole pleadings

2. The assertion and judgment

A. As to the claim of the parties, the plaintiff alleged that "the defendant's claim for construction price of KRW 120 million against C does not exist, and the defendant did not continuously possess each of the stores of this case before the decision to commence the auction until now," and sought confirmation of the non-existence of a lien, the defendant is "the construction of office and beauty room" at each of the stores of this case owned by C.

On November 25, 2012, C and construction cost of 280 million won are 20 million won down payment.

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