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(영문) 수원지방법원성남지원 2015.10.15 2015가합202991
유치권부존재확인의 소
Text

1. Aboard (A) which connects each point of the attached Form 1 marks 1, 2, 3, 4, and 1 among the real estate listed in the attached Table list in sequence.

Reasons

1. Basic facts

A. On December 9, 2005, Nonparty B’s Ciplomatic Association (hereinafter “Nonindicted church”) borrowed KRW 8,000,000,000 from the Future Savings Bank Co., Ltd. (hereinafter “Smi Savings Bank”) to secure the obligation of the said loan, Nonparty D owned the land E and F (hereinafter “each of the instant lands”) and the real estate indicated in the attached Table on the ground (hereinafter “the instant church building”) with respect to the land owned by Nonparty D, the maximum debt amount of KRW 1,430,00,000, the debtor church and the mortgagee’s future Savings Bank.

B. As to the instant church building and each land, on July 10, 2006, the registration of cancellation of the registration of the establishment of the said mortgage was completed. On November 13, 2006, the registration of cancellation of the said registration was completed, and each registration of the establishment of a mortgage was completed with the maximum debt amount of 650,000,000 won on November 13, 2006, the debtor church, the mortgagee church, the mortgagee trust, the future savings bank, the debtor church, the mortgagee’s future savings bank, the debtor church, the mortgagee’s future savings bank, the debtor church, the mortgagee church, the right to collateral security deposit bank, the debtor church, the future savings bank, the right to collateral security deposit bank, the debtor church, the right to collateral security deposit bank on December 27, 2007, each of which was completed with the maximum debt amount of 1,040,000,000,000 won on January 29, 2007.

C. On April 29, 2013, the Future Savings Bank applied for an auction of the real estate rent of KRW 10,590,256,421 with respect to the instant church building and each land, the claim amount of which is KRW 10,590,256,421, and the decision on voluntary auction was made on April 30, 2013 according to the decision on voluntary auction by the said court.

(hereinafter “instant auction”). D.

Seoul Central District Court 2013Hahap54 decided April 30, 2013, which was declared bankrupt of the future savings bank, was appointed by the Plaintiff as the trustee in bankruptcy of the future savings bank on the same day.

E. In the instant auction procedure, the Defendant, on August 13, 2013, set KRW 2,575,00,000 as the secured claim for the construction cost of the instant church building.

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