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(영문) 부산고등법원(창원) 2015.07.16 2013나21256
유치권부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 25, 2009, the Plaintiff extended a loan to, and set up a collateral security (1) to, a LAWte Co., Ltd. (hereinafter “AWte”) on June 25, 2009.

between B and B, 301 and 302 of the Kim Sea-si B Building (hereinafter “Nos. 301 and 302”) are “No. 302.”

) Each real estate listed in the separate list of real estate (hereinafter referred to as “each of the instant real estate”) is referred to as “each of the instant real estate”, and individually referred to as “Nos. 303, 304, 306, 401, 402, 403, 405, 406, 407, and 408.”

(3) A loan shall be extended at the interest rate of KRW 680 million per annum and at the rate of 12% per annum. The principal shall be repaid in equal installments on the repayment date every three months in accordance with the schedule of repayment of principal and interest for five years following a three-year grace period, and the interest shall be paid on the repayment date each month. Upon the request of a T&teer, a loan contract was concluded to the New Co., Ltd., a seller of each of the instant real estate, with the amount of KRW 680 million (hereinafter “instant loan”).

2) 2) Annbricated 2009

6. On May 25, 2009, the registration of ownership transfer was completed with respect to each real estate of this case, and on May 25, 2009, with respect to each real estate of this case, and on June 29, 2009, the joint establishment of a mortgage with maximum debt amount of KRW 816 billion was completed with respect to each real estate of this case, in order to secure the Plaintiff’s obligation for the instant loan.

B. The Defendant on June 18, 2009 (at the time the representative director was at the time) on June 18, 2009, 1) An Annbte, E.

B B Between the Defendant and the Defendant, the interior interior interior interior interior interior interior interior of each of the instant real property [the floor straw, ceiling, electricity, lighting, lighting, construction of film for the strengthening of corridor (Nos. 405 and 406), square (No. 405 and 406), remote areas (No. 405 and 406), paints, building holds, and partitions construction No. 306;

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