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(영문) 대구지방법원김천지원 2015.07.10 2015가합239
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Reasons

1. Indication of claim;

A. On December 21, 2007, August 14, 2008, the Plaintiff set up a right to collateral security with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) and loaned a total of KRW 310 million to A.

B. A’s failure to fully repay loan obligations, the Plaintiff applied for an auction on the instant real estate on October 2, 2014 and received a voluntary decision to commence auction on October 2, 2014 (Tgugu District Court Kimcheon-Support B), and is currently preparing one-time auction date.

C. On December 8, 2014, the Defendant reported the lien on the instant real estate to the auction court, which appears to be a report under a false construction contract between A and the Defendant, and did not discover the Defendant’s possession even in the investigation into the current status of enforcement officers.

Since the defendant reported a false lien on the real estate in this case for the purpose of bringing down auction prices and obtaining unjust gains, the plaintiff has a benefit to seek confirmation of the non-existence of the lien.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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