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(영문) 창원지방법원진주지원 2016.10.21 2016가단33017
유치권부존재확인의 소
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1. The defendant's lien over the real estate stated in the No. 1 of the title of the attached real estate among the instant lawsuit.

Reasons

1. Facts of recognition;

A. On July 1, 2013, the name of the Plaintiff (hereinafter “Plaintiff”) was changed on July 1, 2013.

As of June 27, 2013, B concluded a mortgage agreement with respect to the instant real estate owned by B, with the maximum debt amount of KRW 650,00,00,000, debtor B, and creditor, and the Changwon District Court’s subordinate registry office was completed on June 28, 2013 as the receipt of No. 10939, Jun. 28, 2013 (hereinafter “instant mortgage”).

(2) The Plaintiff filed an application for a voluntary auction of real estate with the Changwon District Court for the instant real estate based on the instant collateral security, and the same support was rendered on February 5, 2016, and on the same day, the entry registration was completed on the same day.

(C) The auction of real estate (hereinafter referred to as the "auction of this case") in Changwon District Court Jinwon District Court C.

(1) The Defendant reported the right of retention, etc. 1) The real estate indicated in the No. 2 of the No. 5 of the Attached Real Estate No. 2014 tea694 against the Changwon District Court (hereinafter “instant building”) (hereinafter “instant building”).

2) The construction of “the instant construction” (hereinafter “instant construction”)

In relation to the claim for the construction cost of KRW 59,00,000, and the payment order was filed on April 16, 2014. The payment order was issued on the ground that “B shall pay to the Defendant KRW 59,000,000,000 and any delay damages therefor,” and the above payment order was finalized on May 8, 2014 (hereinafter “instant payment order”).

(2) On February 18, 2016, the Defendant filed a lien on the instant building by asserting that there was a claim for construction cost of KRW 59,00,000 with respect to the instant construction works, and filed an application for a report on the right and demand for distribution based on the instant payment order.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 1-3, and 7.

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