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(영문) 청주지방법원충주지원 2017.12.06 2017가단1939
유치권부존재확인
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The intervenor succeeding to the plaintiff and the defendant are listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 3, 2016, the Plaintiff leased KRW 740,000,00 to A on the same day, each of the maximum debt amount of KRW 962,00,000,000 on the instant real estate owned by Cheongju District Court, and each of the instant real estate owned by Cheongju District Court was completed by the obligor A and the Plaintiff as a mortgagee (hereinafter “the instant mortgage”).

(hereinafter “instant loan”). B.

On January 11, 2017, the Plaintiff applied for a voluntary auction on each of the instant real estate based on the instant collateral security B to Chungcheong District Court B, and received a decision on voluntary auction from the above court on January 11, 2017. On the same day, the registration of the decision on voluntary auction was completed for each of the instant real estate.

Accordingly, the auction procedure on each real estate of this case (hereinafter “instant auction procedure”) was in progress.

C. The defendant

2. On December 2, 2015, the above auction court entered into a contract for installation of structures and electrical heating construction works (including value-added tax; hereinafter the same shall apply) with the Defendant on 84,70,000,000 won in price, and completed each of the above construction works (hereinafter “instant construction”) on or around the 22th of the same month. As such, the Defendant occupied each of the instant real estate in order to secure the claim for the construction payment of the instant construction cost amounting to KRW 154,70,000 in the amount of KRW 154,70,000 in price, and reported the lien.

On the other hand, on July 27, 2017, the Plaintiff transferred the instant loan claims and the instant collateral security to the Intervenor succeeding to the Plaintiff, notified the Plaintiff of the assignment of the said claim on the 31st of the same month, and on August 11, 2017, the Plaintiff completed the supplementary registration of the transfer of the instant collateral security with the Cheongju District Court No. 30326 on the receipt of machinery, including the Cheongju District Court Assistance, etc.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 5 (which include serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the plaintiff.

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