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(영문) 인천지방법원부천지원 2016.11.23 2016가합101364

가등기말소

Text

1. The Defendant shall be the Defendant’s registry office, Gancheon District Court, Gancheon Branch of the Gancheon District Court, Gancheon District Court, Gancheon-si, Gancheon-si, 201.

Reasons

1. Indication of claim;

A. On November 2, 2001, B completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) as stated in Paragraph (1) of the Disposition on November 1, 2001 on the ground of the promise to sell and purchase land as of Kimpo-si, Kimpo-si (hereinafter “instant land”).

On April 8, 2003, B completed the registration of ownership transfer on the land of this case to the Defendant on April 4, 2003 (hereinafter “the registration of ownership transfer”).

B. On December 28, 2007, the Defendant set up to the Industrial Bank of Korea the maximum debt amount of KRW 1,000,000,000 with respect to the instant land, and the right to collateral security (hereinafter “the right to collateral security of this case”) with respect to the said land, which is a joint stock company by generating the debtor treatment.

C. From May 29, 2008 to April 23, 2014, the Industrial Bank of Korea loaned KRW 4,896,092,201 to the Daewoo Power Generation Co., Ltd. totaling 18 times.

(hereinafter “instant loan”). D.

On December 4, 2014, the Industrial Bank of Korea and the United Nations Asset Management Co., Ltd entered into a contract to transfer or acquire securitization assets including the instant loans and the instant secured claims.

On December 29, 2014, the Joint Asset Management Co., Ltd. transferred the status of transferee under the above asset transfer contract to the Plaintiff with the consent of the Industrial Bank of Korea.

On the other hand, on December 30, 2014 and December 31, 2014, the Industrial Bank of Korea notified A of the fact that the instant loans and the instant collateral security was transferred to the Plaintiff.

E. On December 29, 2014, the Industrial Bank of Korea, as an asset holder under Article 6 of the Asset-Backed Securitization Act, filed for registration of the transfer of the instant loan claims and the instant collateral security to the Financial Supervisory Service, which was registered with the Financial Supervisory Service around that time.

F. The Plaintiff’s instant case on October 13, 2014.