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(영문) 의정부지방법원고양지원 2015.07.16 2015가단70191
유치권부존재확인
Text

1. As to each real estate listed in the separate sheet in the case of the auction for the rent of the real estate B in Gyeyang-gu District Court.

Reasons

Basic Facts

On February 8, 2006, the Industrial Bank of Korea concluded a mortgage agreement with a continental resource corporation, which became a maximum debt amount of KRW 1,320,000,000, and the debtor's continental resource corporation as to the real estate stated in [Attachment List Nos. 1 and 2], and completed the registration of establishment of a mortgage on the same day. On December 26, 2008, the Industrial Bank of Korea concluded an additional mortgage agreement with regard to real estate listed in [Attachment List No. 3] and completed the registration of establishment

The Industrial Bank of Korea, based on each of the above right to collateral security, filed an application for voluntary auction with the High Government District Court Branch B with respect to each of the instant real estate, and on May 28, 2014, the registration of the decision to commence voluntary auction was completed on the same day with respect to each of the instant real estate upon receipt of a decision to commence voluntary auction.

(2) On June 27, 2014, the Plaintiff acquired each of the instant collateral security claims against the Industrial Bank of Korea’s continental resource corporation (hereinafter “Industrial Bank of Korea”) between the Industrial Bank of Korea and the Industrial Bank of Korea, and notified the transfer of claims to the continental resource corporation on June 30, 2014 and July 1, 2014. The Plaintiff publicly notified the transfer of claims to the continental resource corporation on a daily, daily, and the Financial Services Commission registered the transfer of securitization assets.

On the other hand, on July 23, 2014, the Defendant filed a lien on each of the instant real estate as a secured claim, by asserting that the instant auction procedure held KRW 74,860,000 for the claim for construction cost due to the influence in the field, the influence in the field, the influence in the field, the influence in the lodging and the influence

【Non-contentious facts, Gap evidence Nos. 1 through 4, and 7 (including a serial number), and the purport of the entire pleadings, the gist of the plaintiff’s assertion was that the defendant did not possess each of the real estate of this case since before the date on which the decision to commence the auction was completed, and the date on which the pleadings are closed.

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