beta
(영문) 대전지방법원 천안지원 2018.07.06 2016가합380

추심금

Text

1. The plaintiff's claim is dismissed.

2. The part arising from the participation in the litigation costs is the plaintiff.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s motion for seizure 1) 12,339 square meters in total of D, E, F, G, G, H, I, J, J, K, L, and M size from the Defendant on January 20, 2014 (e.g., F, G, H, I, J, K,K, L, and M were integrated into E.

) A sales contract to purchase KRW 350,000,000 (hereinafter “instant sales contract”) is concluded.

(2) On August 25, 2014, the Plaintiff’s Intervenor paid the intermediate payment of KRW 25,000,000 on the day, and paid the intermediate payment of KRW 25,00,000 on August 25, 2014. In this case, the remainder was agreed to pay the said real estate as security after obtaining authorization and permission. (2) The Plaintiff’s Intervenor obtained permission for the construction of neighborhood living facilities on the said real estate and completed civil engineering works.

Since then, on February 11, 2015, the Daejeon Chungcheongnamnam Livestock Industry Cooperatives (hereinafter referred to as the Defendant as the loan obligor) lent 480,000,000 won as collateral to the said real estate. At the same time, the secured debt of 180,000,000 won was repaid in the past, and the above secured debt of 180,000 won was cancelled at the same time, and the said secured debt was newly created in the future, in the future, the secured debt of 576,00,000 won was newly established in the near the maximum debt amount.

3) On August 24, 2015, the Plaintiff’s Intervenor demanded the Defendant to settle the balance from the above loans and return the remainder, and transfer the ownership of the above real estate, but the Defendant failed to comply therewith, the Plaintiff’s Intervenor filed a lawsuit against the Defendant, such as filing a claim for ownership transfer registration (the Daejeon District Court Branch Branch Decision 2015Gahap10234), and on November 16, 2015, the following conciliation was concluded between the Plaintiff’s Intervenor and the Defendant (hereinafter “instant conciliation”).

2. The defendant does not raise any objection to the loan such as substitution of financial rights designated by the plaintiff, and cooperates in the case where the debtor is to repay the loan obligations due to the loan such as substitution, etc. or to change the debtor to a person designated by the plaintiff.

4...