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(영문) 부산지방법원 2017.11.17 2016가단23904

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2015, C, on December 1, 2015, sold to the Defendant the instant real estate at KRW 1,750,000,000 for the instant real estate by selling the total of 36 stories of reinforced concrete building sloping roof 4, and 3,000,000,000 for 1.75,000,000,000.

B. At the time of the sales contract of the instant real estate, C received 200 million won down payment from the Defendant, and agreed with the Defendant as follows with respect to the payment method of the remaining 1.55 billion won.

1) The Defendant’s acquisition of the secured debt of KRW 950 million with the secured debt of KRW 1140,000,000,000,000,000, which is set up on the instant real property (hereinafter “instant restriction on rights”) by the Defendant, which is a limitation on the exercise of ownership of the instant real property, including the remainder of the secured mortgage except the secured debt of KRW 600,000,000,000,000,000,000,000 (hereinafter “instant restriction on rights”).

(C) On January 22, 2016, C transferred to the Plaintiff KRW 150 million out of the outstanding claim 600 million, and notified the Defendant of the assignment of the said claim on the same day. [In the absence of any dispute over recognition, the each entry of Gap No. 1, 2, Eul’s evidence No. 1, and 6, the witness testimony and the purport of the entire pleadings, and the entire purport of the arguments by the witness C.

2. The Plaintiff asserts that the Defendant agreed to pay C the remaining amount of KRW 600 million to C by March 10, 2016, and that the Defendant sought payment of the amount stated in the purport of the claim against C as transfer money, the Defendant did not agree to pay C the remaining amount of KRW 600 million up to March 10, 2016, and C did not resolve the restriction on the right of this case, and thus, C did not have the due date for payment of the said remaining amount of payment. Therefore, the Plaintiff’s claim is concerned.