전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In carrying out a multi-unit housing development project in the Seo-gu, Seo-gu, Daejeon, Daejeon, Daejeon, in around 2005, Seo-gu, Seo-gu, Daejeon, Daejeon, which was granted a loan from the National Bank and New Dog Capital Capital in around 2007, and purchased the site for the development project and completed the registration of transfer on the ground of trust in the future of the K non-real estate trust company. On September 4, 2015, the registration of transfer on the ground of the trust by trustee is completed.
B. In relation to the collection of the above loans, the National Bank and the New Capital secured the preferential right to benefit from the K non-Real Estate Trust Co., Ltd., and then, in the process of acquiring the above loans and the security right from the National Bank and New Capital Capital around 2011 and 2012, the recipient of the preferential right to benefit was changed from the K non-Real Estate Trust Co., Ltd. to the K non-Real Estate Trust Co., Ltd.
C. B was issued with the bonds of KRW 103,266,242 based on the executory payment order in the Seoul Central District Court case No. 2014Da26993 against urban living group, which was issued with the bonds of KRW 103,266,242, July 26, 2016, the Seoul Northern District Court 2016, issued with the Seoul Northern District Court Order No. 2016, 104714 with respect to the claim for payment under the real estate security trust contract against the defendant, and the above order was finalized on September 14, 2016.
On August 25, 2016, the Plaintiff acquired the claim based on the above claim attachment and assignment order from B, and B, the transferor, notified the Defendant by content-proof mail on August 31, 2016.
[Ground of recognition] No dispute is raised, Gap evidence of Nos. 1 through 3, Eul evidence of No. 1 to 24 (including paper numbers) and the purport of the whole pleadings
2. The defendant's judgment on this safety defense is present at the date of the claim for the profit of the plaintiff.