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(영문) 청주지방법원충주지원 2014.12.18 2014가합864
유치권부존재확인
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On July 19, 2013, the National Bank of Korea filed an application for voluntary auction on each of the above real estate based on the right to collateral security established on each of the real estate listed in the separate sheet owned by JiwonTex (hereinafter “JT”) (hereinafter “each of the instant real estate”). Accordingly, on July 22, 2013, the decision to commence voluntary auction (hereinafter “instant auction procedure”) was rendered with respect to each of the instant real estate on July 24, 2013, and the registration of the decision to commence voluntary auction (hereinafter “registration of the decision to commence voluntary auction”) was completed on each of the instant real estate on July 24, 2013.

B. In the instant auction procedure on October 8, 2013, the Defendant asserted “139,870,680 won for the construction cost of solar air-conditioning and heating works against the Jababane” as the secured claim, and reported a lien.

C. The Plaintiff was awarded a successful bid for each of the instant real estate in the instant auction procedure, and completed the registration of ownership transfer in the Plaintiff’s future on August 5, 2014.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 3, and 5 evidence (including each number in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. Since the Defendant’s possession of each of the instant real estate was conducted after the instant auction procedure was conducted, the Defendant cannot oppose the Plaintiff who purchased each of the instant real estate with a lien.

Therefore, the Defendant’s possession of each of the instant real estate constitutes an unauthorized possession and is obligated to deliver each of the instant real estate to the Plaintiff.

B. The gist of the Defendant’s assertion lies in possessing each of the instant real estate from spring around 2013 and exercising the right of retention.

C. The creditor has taken possession of the above real estate from the debtor after the seizure became effective, after the registration of the decision on commencing auction was made on the real estate owned by the debtor.

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