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(영문) 창원지방법원 2016.01.27 2014가합34829
유치권부존재확인
Text

1. The defendant's lien on each real estate, machinery, and equipment listed in the separate sheet does not exist.

Reasons

1. Basic facts

A. On June 1, 2010, Nonparty Nonghyup Bank Co., Ltd. (hereinafter “CF”) completed the registration of the establishment of a collateral of KRW 7 billion with respect to each real estate and machinery, equipment, etc. listed in the separate sheet owned by Nonparty Co., Ltd. (hereinafter “instant collateral”).

B. The Nonghyup Bank filed an application for voluntary auction of the instant collateral with the Changwon District Court Msan Branch A, which was based on the foregoing collateral security, and the said court rendered a decision to commence voluntary auction on May 29, 2013, and on the same day, the registration of the commencement of auction of the instant collateral was completed.

(hereinafter) The above auction procedure is “instant auction procedure,” and the registration of entry into the auction procedure at issue is “registration of entry into the auction procedure at issue.”

On November 27, 2013, when the instant auction procedure was in progress, the Nonghyup Bank and the non-party joint asset management company concluded an asset sales contract for the non-party company’s loan claims and collateral security claims to the non-party company. On December 26, 2013, the Plaintiff and the Nonghyup Bank and the joint asset management company concluded an asset sales contract to transfer the status of purchaser of the combined asset management company to the Plaintiff.

On December 27, 2013 and December 30, 2013, the Nonghyup Bank notified the non-party company of the assignment of claims in accordance with the transfer contract under the above asset sales contract, registered an asset-backed securitization plan with the Financial Supervisory Service on December 10, 2013, and registered the transfer to the Financial Supervisory Service on December 26, 2013, the Plaintiff acquired the above-mortgage-mortgage-backed mortgage against the non-party company pursuant to Article 8(1) of the Asset-Backed Securitization Act.

E. On August 7, 2014, the Defendant: (a) at the instant auction procedure, KRW 112,860,000 against the non-party company; and (b) KRW 287,140,000.

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