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(영문) 수원지방법원평택지원 2019.04.30 2019가단50043

가등기말소

Text

1. The Defendant received on November 7, 200 from the Suwon District Court with respect to the land size of 612 square meters before Pyeongtaek-si C. The Defendant received on November 7, 200.

Reasons

1. The Plaintiff’s indication of the claim is the vice-mortgage obligee.

On January 10, 2018, the Korea Industrial Bank of Korea held the right to collateral security (the debtor corporation E and the maximum debt amount of KRW 732,00,000) registered with No. 13166, which was received on April 27, 2015, and the right to collateral security (the debtor corporation E and the maximum debt amount of KRW 732,00,000) among the auction goods in the auction case of Pyeongtaek-si Seoul Special Metropolitan City D Special Metropolitan City, which was commenced on January 10, 2018.

On March 9, 2018, the above real estate was re-entered as the case of voluntary auction of the F real estate in Pyeongtaek Housing Sitewon on March 9, 2018 upon the application for double auction by the Industrial Bank of Korea.

Of the above compulsory auction procedures, the Plaintiff acquired, from the Industrial Bank of Korea, securitization assets including loans (the same as the above secured bonds) held against E in accordance with the "asset acquisition agreement" entered into between the Industrial Bank of Korea and G Co., Ltd. (hereinafter "G") on June 1, 2018 and the "asset acquisition agreement entered into between the Industrial Bank of Korea, G, and the Plaintiff on June 28, 2018" as part of asset-backed securitization under the Asset-Backed Securitization Act.

On June 12, 2018, the Plaintiff registered an asset-backed securitization plan (SPC) for securitization assets including this loan claims with the Financial Supervisory Service, and the Industrial Bank of Korea registered the transfer of securitization assets in accordance with the asset-backed securitization plan with the Financial Supervisory Service on June 28, 2018.

When the Plaintiff transfers securitization assets to a special purpose company in accordance with an asset-backed securitization plan, it shall immediately register the transfer of securitization assets in accordance with the asset-backed securitization plan with the Financial Services Commission pursuant to Article 6(1) of the Asset-Backed Securitization Act, and Article 8(1) of the Asset-Backed Securitization Act provides that the asset holder shall acquire the mortgage when he/she registers the transfer of securitization assets in accordance with the asset-backed securitization plan

(b).