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(영문) 춘천지방법원 영월지원 2018.02.22 2017가합10178
유치권 부존재 확인
Text

1. It is confirmed that each real estate listed in the separate sheet does not have any lien against the Defendants.

2...

Reasons

1. Determination as to claims against the remaining Defendants other than Defendant E

(a)as shown in the reasons for the attachment of the claim;

B. Ground of determination 1) Defendant B: Defendant C, F, H, I: Article 208(3)3(2) of the Civil Procedure Act (by service by public notice) Defendant C, F, H, and I: Article 208(3)2(i) of the Civil Procedure Act (i.e., the judgment made) Defendant D, and G: The Defendants submitted a written response; however, the content did not have any fact that they reported a lien at the auction procedure for each real estate listed in the separate sheet.

In light of the purport that there is no intent to claim a lien on the above real estate, the above Defendants are deemed not to clearly dispute the facts alleged by the Plaintiff.

2. The facts alleged by the Plaintiff regarding the claim against Defendant E are as shown in the grounds for the claim in the attached Form.

Since the fact that Defendant E did not possess each real estate listed in the separate sheet does not conflict between the parties, it cannot be deemed that Defendant E has a lien on the said real estate.

3. In full view of the purport of the evidence No. 3 as to the confirmation profit Gap, the fact that a lien report was filed in the name of the defendants in the auction procedure regarding each real estate listed in the separate sheet can be acknowledged. Thus, the lawsuit of this case seeking confirmation of the absence of a lien by the defendants exists the benefit of

4. In conclusion, the plaintiff's claim of this case is justified, and it is decided as per Disposition by applying the latter part of Article 99 of the Civil Procedure Act to the burden of litigation costs between the plaintiff, defendant D, G, and E.

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