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(영문) 서울남부지방법원 2018.05.03 2017가합111919

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Industrial Bank of Korea loaned the Defendants’ father C general household funds on May 25, 2012 and September 23, 2015. On December 6, 2016, the Federation Asset Management Co., Ltd. (hereinafter “Joint Asset Management”).

(2) After concluding an asset acquisition agreement with the Plaintiff on December 28, 2016, the Bank notified the Plaintiff that it transferred all of the following loans (as of September 30, 2016) to C in accordance with the assets acquisition agreement and the assets acquisition agreement with the Plaintiff on December 29, 2016 and January 4, 2017, pursuant to the said asset acquisition agreement and the asset acquisition agreement with the Plaintiff on December 28, 2016:

On May 25, 2012, the Industrial Bank of Korea established a right to claim the return of securitization assets (including the right to claim the return of the securitization assets where an asset holder or a third party occupies the securitization assets) under Article 8 (1) of the Asset-Backed Securitization Act by registering the asset-backed securitization plan with the Financial Services Commission on December 13, 2016. < Amended by Act No. 1447, Sep. 23, 2015; Act No. 600, Sep. 23, 2015; Act No. 13755, Sep. 23, 2015; Act No. 1497, Sep. 23, 2015; Act No. 1665, Dec. 13, 2016>

The same shall apply to this Article.

(1) Where a claim transferred or trusted pursuant to an asset-backed securitization plan is secured by a pledge or mortgage, the special purpose company, etc. shall immediately register the fact with the Financial Services Commission in accordance with the following classifications: