채권자대위권에 기한 지료청구등
1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
1. Basic facts
A. The Korea Asset Management Corporation (C Co., Ltd.) changed its trade name on December 13, 197 from “C Co., Ltd.” to “D Co., Ltd.” and on October 24, 1988 to “A Co., Ltd.”;
hereinafter referred to as “A”
2) On July 8, 2010, the Seoul Central District Court rendered judgment 2010Gahap1741, which held 319,124,901 won and 101,062,058 won out of the above money, with interest rate of 18% per annum from December 29, 2009 to April 7, 2010 and interest rate of 20% per annum from the next day to the day of full payment. 2) Tyman Loan Co., Ltd acquired the above judgment claim in accordance with the asset acquisition agreement with the Korea Asset Management Corporation on August 28, 2012, and notified the assignment of claims to A on behalf of the Korea Asset Management Corporation on October 19, 2012.
3) On January 28, 2014, the Plaintiff acquired the claim for the foregoing judgment amount from Tweon Loan, and notified the assignment of the claim to Tweon Loan on behalf of Tweon Loan on January 29, 2014. On February 14, 2014, the Plaintiff was subject to the execution clause of succession to the above 2010 Gahap1741 decision as the successor to Korea Asset Management Corporation on February 14, 2014. (B) On January 31, 1975, the Plaintiff purchased the forest E (hereinafter referred to as “the instant forest”) in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as “Seoul Special Metropolitan City”) on January 31, 197, and completed the registration of transfer of ownership on February 14, 1975.
2) On March 15, 1975, F forest was divided into the instant forest. The remaining land was changed into G miscellaneous land by its lot number and land category. On April 7, 1975, the instant forest was divided into G miscellaneous land. Ultimately, the instant forest was divided into three lots of F forest land, G miscellaneous land, and H miscellaneous land. F forest was divided into three lots of land on May 24, 1986 (hereinafter “instant land”). F forest is 282 square meters of land on May 24, 1986 (hereinafter “instant land”).
(C) The lot number and land category were changed. C. The location and use relation of the instant land (1) on the G land divided from the instant forest land began to have been constructed from around 1975, and around August 19, 1976.