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(영문) 대구지방법원 김천지원 2018.11.30 2018가합15423
유치권 부존재 확인
Text

1. It is confirmed that there is no lien for the defendant with respect to each real estate listed in the separate sheet Nos. 2 and 3.

Reasons

1. Basic facts

A. On August 20, 2015, C (hereinafter “C”) extended KRW 3.22 billion to D Co., Ltd. (hereinafter “D”), and on the same day, the Medical Corporation completed the registration of the establishment of a neighboring mortgage-holder C, a debtor, and a mortgagee D, as to each of the real estate listed in attached Tables 1 through 3 and 4-10 of the attached Table, owned by E (hereinafter “each of the above real estate”) as to each of the real estate listed in the attached Tables 1 through 4-10 of the attached Table, owned by E (hereinafter “each of the above real estate”).

B. On March 7, 2017, D applied for a voluntary auction of real estate ( Daegu District Court Kimcheon Branch) with respect to each of the instant real estate on March 7, 2017, and the said court rendered a decision to commence voluntary auction on March 8, 2017 and completed the registration of the decision to commence voluntary auction with respect to each of the instant real estate.

(hereinafter “instant auction procedure”). C.

D On June 7, 2017, G Co., Ltd. is the same as D Co., Ltd.

On June 29, 2017, G Co., Ltd and the Plaintiff concluded an asset transfer agreement with the Plaintiff to acquire the purchaser status of the said asset transfer agreement.

D notified C that the above loan claims were transferred to the Plaintiff. D.

On July 10, 2017, the Plaintiff succeeded to the status of the obligee by filing an application for the change of the obligee from D to the Plaintiff during the instant auction procedure.

E. On May 8, 2017, the Defendant reported the lien on each of the instant real estate by setting the claim for construction cost of KRW 1.8 billion against C as the secured claim at the instant auction procedure.

(A) On September 6, 2018, the Defendant submitted a report on the waiver of the right of retention to withdraw the report on the right of retention on each of the real estate listed in paragraphs (1) and (4-10) of the attached Table, which is the land, at the instant auction procedure. Meanwhile, on May 28, 2018, the Plaintiff submitted an application for the postponement of the sale date to the executing court, and accordingly, the instant auction procedure is in progress until now.

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