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(영문) 인천지방법원부천지원 2016.07.01 2015가합2446
유치권부존재확인청구
Text

1. Claim 1,232,500,000 for each real property listed in the separate sheet shall be the secured claim.

Reasons

1. Basic facts

(a) A and B: January 14, 2011 and the same year;

6. 27. Voluntary auction or sale of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is jointly acquired, and around that time, the registration of co-ownership of 1/2 shares of each of the above real estate is completed.

B. On September 28, 2012, the Gyeyang Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”) extended KRW 3,850,000 to A, and completed the registration of establishment of a collateral for each of the instant real estate as of the same day, with respect to each of the instant real estate in order to secure the said loan claims, KRW 5,005,000,000, and KRW 5,0000 with respect to each of the instant real estate as the debtor A.

C. Upon delinquency in the repayment of interest on the above loan, Gyeyang Nonghyup filed an application for voluntary auction with the Government District Court C on February 13, 2014, and the said application was accepted, and the decision on commencement of voluntary auction was completed on February 13, 2014.

On February 27, 2014, the Defendant reported a lien of which the claim for construction cost is KRW 1,232,500,000 as the secured claim, by asserting that the Defendant had a claim for construction cost under the civil engineering works of each of the instant real estate against A and B during the aforementioned voluntary auction procedure.

E. Since then, the above voluntary auction procedure had been failed several times due to the Defendant’s declaration of lien, etc., so the minimum sale price has lowered, and Yangyang Agricultural Cooperatives withdrawn the above request for auction on September 4, 2015.

F. On August 28, 2015, the Plaintiff: (a) transferred the claim for the loan to A; and (b) notified the transfer of the claim to A around September 7, 2015; and (c) completed the supplementary registration of the transfer of the right to collateral on September 17, 2015, with respect to the said right to collateral security by Yangyang Agricultural Co., Ltd., the Plaintiff completed the supplementary registration of the transfer of the right to collateral security based on the transfer

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the blasting work, banking, and access road packaging, etc. conducted on each of the instant real estate.

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