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(영문) 청주지방법원충주지원 2015.12.09 2015가단2976
유치권부존재확인
Text

1. Of the instant lawsuit, the claim for the confirmation of the absence of lien as to each real estate listed in the separate list Nos. 2 through 7.

Reasons

1. Fact-finding;

A. On March 26, 2012, the Plaintiff (Withdrawal) completed the registration of creation of a mortgage on each real estate listed in the separate sheet owned by A as of March 26, 2012 in order to secure a loan obligation against A.

B. Upon the Plaintiff’s application, on January 6, 2015, the registration of the commencement of voluntary auction decision was completed regarding each real estate listed in the separate sheet.

(Cheongju District Court B) Cheongju District Court B.C.

On February 23, 2015, the Defendant reported the right of retention, claiming that he/she has a claim for construction cost of KRW 187,388,422 regarding the real estate stated in paragraph (1) of the attached Table in the above voluntary auction procedure. D.

On June 19, 2015, the Plaintiff transferred the Plaintiff’s obligation to the Intervenor succeeding to the Plaintiff to the Plaintiff, notified the Plaintiff of the transfer to A. On July 1, 2015, the Plaintiff completed the transfer registration with respect to the instant right to collateral security to the Intervenor succeeding to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. In a lawsuit for confirmation with respect to each real estate listed in the separate sheet Nos. 2 through 7, the benefit of confirmation must be recognized as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant to eliminate the Plaintiff’s rights or legal status in danger, apprehension, and danger.

In the instant case where there is no evidence to support that the Defendant reported the existence of the right of retention in regard to each of the real estate listed in the separate sheet Nos. 2 through 7 in the auction procedure, the Defendant cannot be deemed to have any apprehension and danger in the Plaintiff’s right or legal status as to each of the real estate listed in the separate sheet Nos. 2 through 7, and thus there

Therefore, the part concerning the claim for confirmation of existence of the lien on each real estate stated in the separate sheet No. 2 through 7 of the instant lawsuit is unlawful as there is no benefit of confirmation.

(b) annex.

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