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(영문) 수원지방법원성남지원 2015.09.11 2015가합447

양수금

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 Defendants: E and Gwangju City F (hereinafter “1 real estate”) representing D on September 12, 2007 and G apartment 101 of Yangcheon-gu Seoul Metropolitan Government [Korea Bank: KRW 170 million; KRW 10 million; KRW 10 million; KRW 10 million; KRW 10 million; KRW 1.3 million; and KRW 1.3 million per month (value-added tax separate; the Defendants will take over each of the above obligations.

b. hereinafter referred to as “second real estate”;

) The exchange balance shall be exchanged without any difference, and as a matter of a special agreement, the exchange agreement stating that “the actual transaction amount shall be KRW 20 million for the Defendants, KRW 370 million for D shall be KRW 370 million for D, the Defendants shall not be transferred under circumstances, set up KRW 100 million for D shall be equipped with the transfer seal only once” (hereinafter referred to as “instant exchange agreement”).

B. On October 4, 2007, the Defendants concluded a registration of creation of each mortgage (hereinafter “instant mortgage”) with respect to the first real estate to E on October 4, 2007, with the content of KRW 70 million each of the debtors, the Defendants, and the maximum debt amount (hereinafter “instant mortgage”).

(C) On March 9, 2009, E transferred the instant right to collateral security and its creditor status to the Plaintiff. On the following day, E sent a notice of assignment to the Defendants. Accordingly, on March 9, 2009, the Plaintiff completed the registration of establishment of a neighboring real estate on the ground of transfer of contract on the first real estate. D. The Plaintiff is an auction of H real estate at this court based on the said right to collateral security (hereinafter “instant auction procedure”).

(2) The Plaintiff filed an application for registration of ownership transfer based on the sale by voluntary auction on December 11, 2014, after receiving KRW 25,582,285 in the instant auction procedure, and the first real estate was awarded a successful bid, and completed the registration of ownership transfer based on the sale by voluntary auction on December 11, 2014. [The facts that there is no dispute over the grounds for recognition, the entries in subparagraphs A, 1, 2, 3, 1 and 2, and the purport of the entire pleadings.]

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion was received from E each claim of KRW 70 million against the defendants and the right to collateral security of this case.