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(영문) 대구지방법원 상주지원 2018.08.22 2018가단5699
유치권 부존재 확인
Text

1. The defendant's lien of 54,100,000 won as secured claim is against real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On March 4, 2010, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) around March 4, 2010, with respect to the debtor B, the mortgagee bank, the maximum debt amount of 780 million won, as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). B.

On the basis of the instant right to collateral security, the Bank filed a request for auction to exercise the C/C security interest in the instant case, and this Court rendered a decision to commence auction on July 21, 2017 and completed the registration of the entry on the same day.

(hereinafter “instant auction procedure”). C.

1) Around September 13, 2017, L&C’s secured claim of the instant right to collateral security was transferred in sequential order at our bank to any stock company, and on the 28th day of the same month to any Plaintiff, a special purpose company governed by the Asset-Backed Securitization Act in the stock company. On October 12, 2017, our bank notified D, the heir of B of the foregoing assignment. (2) On September 13, 2017, the Plaintiff acquired the instant right to collateral security pursuant to Article 8 of the same Act by registering with the Financial Services Commission that acquired the instant secured claim of the instant right to collateral security in accordance with Article 6 of the same Act.

E. At the instant auction procedure on January 1, 2018, the Defendant reported the owner of the instant real estate as a lien on the amount of KRW 54.1 million for the internal facility cost and the construction cost related to repair works.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. In a passive confirmation lawsuit, if the plaintiff alleged that the cause of the debt occurred by specifying the claim first, the defendant, the creditor, bears the burden of assertion and certification as to the requirement of legal relationship, so there is no lien.

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