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(영문) 의정부지방법원고양지원 2019.05.16 2018가단74859

청구이의

Text

1. The Defendant’s case involving the cancellation of the registration of the establishment of a new establishment of a collective housing unit against the Plaintiff at the Goyang District Court 2013 money8497.

Reasons

1. Facts of recognition;

A. C applied for a payment order of KRW 40,000,000 from November 30, 2006 to the debtor of the D Union, with respect to an amount of KRW 20,000,000,000, which was leased on November 30, 2006, and as a result, C received a payment order (hereinafter “instant payment order”) stating that “the debtor shall pay to the creditor the amount of KRW 40,000,000 and the amount of KRW 20% per annum from December 1, 2006 to the full payment order” (hereinafter “instant payment order”). The instant payment order was finalized on April 7, 2007.

B. C transferred a claim based on the instant payment order to the Defendant on or around February 29, 2012. On March 7, 2013, the Defendant transferred a claim based on the instant payment order to the Defendant, and on March 7, 2013, the Defendant: (a) pursuant to the instant payment order, for cancellation of additional registration for the partial transfer of collateral security (No. 2012 money8025) to which the obligor (D Association) is entitled pursuant to the conciliation agreement of December 20, 2012, such as cancellation of additional registration for the transfer of collateral security (No. 200,000,000, which was received from a third party obligor (Plaintiff) on or before December 30, 2013; (b) the same year.

6. The claim for the receipt of KRW 50,000,000 was issued with respect to the “the claim for the collection of KRW 50,000,000.” The instant collection order was served on the Plaintiff on March 12, 2013. C. The Defendant filed the instant registration order against the Plaintiff and Nonparty E (the withdrawal of the lawsuit was finalized on October 29, 2013) with respect to the Plaintiff’s and Nonparty E (the Defendant was confirmed on October 29, 2013), with respect to the “the Defendant’s claim for the collection of KRW 50,000,000 with respect to KRW 50,000,00,000,000. The Defendant filed the lawsuit against the Defendant, with respect to KRW 50,000,00,000,000,000 with respect to KRW 80,000,000,000,000,000.