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2024-04-24T01:34:07.102Z

明躍國際健康科技股份有限公司

Pros

Case number:

Civil Ruling No. 48 of 2024, Taiwan Changhua District Court, Judicial Auction Division

Date of ruling:

April 19, 2024 (ROC Year 113)

Case subject:

Auction of mortgaged property

Civil Ruling of the Simplified Division, Taiwan Changhua District Court

113年度司拍字第48號

Applicant: Wending International Co., Ltd.

Legal representative: Wu Lunyan

Respondent: Mingyue International Health Technology Co., Ltd.

Legal representative: Wu Shuyao

In the matter of the above parties’ application for the auction of mortgaged property, this Court rules as follows:

Main Text

The real properties owned by the Respondent, as listed in the attached schedules, are approved for auction.

The application procedural fee of NT$5,000 shall be borne by the Respondent.

Reasons

I. Pursuant to Article 873, Paragraph 1 of the Civil Code, where a mortgagee has not been paid after the secured claim has become due, the mortgagee may apply to the court for the auction of the mortgaged property and be paid from the proceeds of the sale. The foregoing provision applies mutatis mutandis to maximum-amount mortgages, as expressly provided in Article 881-17 of the same Code.

II. The gist of the application is as follows: The Respondent, Mingyue International Health Technology Co., Ltd., established a maximum-amount mortgage of NT$300 million (same below) over the real properties listed in the attached schedules, which it owns, as security for all debts, including loans, owed to the Applicant; the mortgage has been duly registered. In addition, on March 14, 2023 (same below), the Respondent borrowed NT$200 million from the Applicant, with the loan term running from March 17, 2023, to March 16, 2024. As the Respondent failed to pay upon maturity, the secured claim amount as of the date on which the secured claims were determined was NT$260,000,000. Accordingly, the Applicant seeks approval for the auction of the mortgaged property to obtain repayment.

III. Upon examination, the Applicant’s foregoing assertions are supported by copies of the loan agreement, certificate of other rights, mortgage creation agreement, checks, promissory notes, and Class II transcripts of the land and building registrations. It is confirmed that the maximum-amount mortgage in this case was duly created and registered and that a mortgage-secured claim exists. Based on the foregoing documents submitted by the Applicant, it may be formally determined that the mortgage-secured claim has become due and remains unpaid. Therefore, this application satisfies the requirements for an application to auction mortgaged property. Furthermore, pursuant to Article 74 of the Non-Contentious Matters Act, this Court notified the Respondent to state its views regarding the amount of the claim secured by the foregoing mortgage. The Respondent submitted a written statement asserting that the claim amount should be NT$210,000,000 and that the parties were actively negotiating. However, the Applicant has formally denied these assertions. Moreover, a ruling approving the auction of mortgaged property is based on a formal examination and does not have the effect of conclusively determining whether a substantive legal relationship exists. If the Respondent has a substantive dispute regarding the existence or amount of the claim, the matter should be resolved through separate litigation, as it cannot be examined in the non-contentious proceedings for the auction of mortgaged property. Accordingly, the Applicant’s application for the auction of the real properties listed in the attached schedules is approved pursuant to the aforementioned provisions.

IV. Pursuant to Article 21, Paragraph 2 of the Non-Contentious Matters Act and Article 78 of the Code of Civil Procedure, this ruling is rendered as set forth in the Main Text.

V. If dissatisfied with this ruling, an interlocutory appeal shall be filed with this Court within 10 days after service of the ruling (a copy for service must be attached), together with payment of an interlocutory appeal fee of NT$1,000. Any interested person who disputes the legal relationship on which the application is based may file an action to contest it.

Republic of China 113, April 19, 2024

Judicial Affairs Officer of the Simplified Division: Jian Haozhi

Attached Schedule: (Land)

113年度司拍字第000048號

No.

Land location

Land

Area

Extent of rights

Remarks

County/City

Township/Urban District

Section

Subsection

Lot No.