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(영문) 창원지방법원 통영지원 2018.07.19 2017가합11151
유치권 부존재 확인
Text

1. It is confirmed that there is no lien of Defendant B Co., Ltd with respect to each real estate listed in the separate sheet;

Reasons

1. Basic facts

A. On August 19, 2013, each real estate listed in attached Table 1 through 4 (hereinafter referred to as “each of the instant land” and each of the buildings listed in attached Tables 5 through 8 shall be referred to as “each of the instant buildings”; when making a loan to E, the owner of each of the instant real estate listed in attached Table 5 through 8, the D Union was divided into three square meters among the land, which was 242 square meters in 242 square meters in 19,000,000 square meters in 242 square meters in 20,000 square meters in 20,000 square meters in 242 square meters in 20,000, on December 30, 2014, and the land category of F was changed to “T” on June 17, 2016.

On the other hand, on June 20, 2016, the land category of K 3 square meters was changed to “road”;

G 259m2, G 259m2, the land category of G 259m2 was changed on July 20, 2015, and the J land was merged into G land on July 22, 2015;

H Of the buildings listed in paragraph 5 of the attached Table No. 5 of the attached Table No. 5 of the annexed Table No. 5, the 103.59 square meters of land was divided into the buildings listed in paragraph 7 of the attached Table No. 7 of the attached Table No. 2016, Feb. 23, 2016;

With regard to each of the above real estates as joint collateral, the registration of creation of mortgage (the Changwon District Court No. 45049), which is the debtor, E, and D Association of the mortgagee, has completed the registration of creation of mortgage (the registration office of Changwon District Court No. 45049), which is the joint collateral.

In addition, on February 23, 2016, D Union completed the registration of creation of mortgage (No. 8789, the Changwon District Court Doowon District Court 200,000 won, the maximum debt amount of No. 1196 million won, E, and the association of collective security holders (No. 8789, the Changwon District Court Doowon District Court 200

B. E’s creditors and collateral security L, filed an application for voluntary auction with the Changwon District Court M&D for real estate stated in attached Tables 1, 3, 4, 5, and 6, and the aforementioned court rendered a voluntary decision to commence the auction on April 7, 2016, and on each of the above real estate, “registration of entry in the decision to commence the voluntary auction of this case” (hereinafter referred to as “registration of entry in the decision to commence the auction of this case”).

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