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(영문) 대구지방법원경주지원 2019.07.12 2018가합3052
유치권 부존재 확인
Text

1. It is confirmed that the defendant's lien does not exist for each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On January 29, 2014, the Plaintiff completed the registration of the establishment of joint-time creation of a mortgage with the debtor E, with respect to the real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “each of the instant real estate” listed in the separate sheet Nos. 1 through 6, 2014 (hereinafter “each of the instant real estate”, and individually referred to as “real estate”) listed in the separate sheet Nos. 1 through 6, listed in the separate sheet No. 1 through 6, 2014 (hereinafter “D”).

(hereinafter “instant joint collateral security”). B.

F has completed the joint establishment registration of a mortgage on the real estate No. 1 to 4 July 30, 2014 by adding the real estate No. 525 million won to the joint collateral for the debtor D and completing the joint establishment registration of a mortgage on the real estate No. 1 to the joint collateral. 5 and 6.

C. G (hereinafter “G”) purchased each of the instant real estate from D on January 6, 2017, and completed the registration of ownership transfer on the 17th of the same month.

Based on the instant joint collateral security, the Plaintiff filed an application for voluntary auction on real estate Nos. 1 through 4 with this court, and from this court on September 21, 2017, the Plaintiff received a voluntary decision to commence auction on October 4, 2017 (the consolidation on October 11, 2017) with respect to real estate no. 1 through 4, and the registration of the voluntary decision to commence auction was completed on October 11, 2017.

E. F. On October 16, 2017, upon receipt of a voluntary decision to commence the auction of each of the instant real estate from the instant court, F.F. had completed the registration of the entry of the decision to commence the auction on the 17th of the same month.

F. On October 12, 2017, the Defendant: (a) held a claim for the payment of construction cost of KRW 293 million under the contract for the construction of a factory with respect to H and I (combined) voluntary auction cases; and (b) on November 9, 2017, as to D, from November 1, 2017, G succeeded to the obligation to pay the said construction cost from D; and (c) from July 1, 2014, the Defendant succeeded to the obligation to pay the said construction cost.

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