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(영문) 서울서부지방법원 2016.10.20 2016가합332

대위변제금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts below the basis facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 3, 4, 5, 6, 11 (including branch numbers, hereinafter the same shall apply) and Eul evidence No. 1, with a comprehensive view to the whole purport of the pleadings. A.

With respect to the Plaintiff Company B (the trade name before and after the change: Co., Ltd.; hereinafter referred to as “B”), Dong-gu, Daejeon-dong, Daejeon-dong, Daejeon-dong, F land, and its ground (hereinafter referred to as “Dong-dong,” lot number, and the type of real estate) owned by the Plaintiff, the above real estate was registered as joint collateral in order to secure the Plaintiff’s liability for B’s East Treatment Electronic Co., Ltd. (the trade name before and after the change; hereinafter referred to as “Dong Treatment Electronic Co., Ltd.”), and as shown below, the registration of the establishment of a mortgage-based joint collateral B, the mortgagee, the mortgagee-mortgage-based, and the Dong Treatment Electronic Co., Ltd. (hereinafter referred to as “Dong Treatment Electronic Co., Ltd.”).

On December 22, 2010, Daejeon District Court of Daejeon District, Daejeon District Court of Daejeon, No. 72568, No. 72568, May 4, 2012, the Daejeon District Court of Daejeon, received the Daejeon District Court of Daejeon, and received KRW 267766,60,000,000), but the Daejeon District Court of Daejeon, failed to repay its debt, as the case B failed to repay its debt, the Dong Treatment Electronic Court of Korea applied for voluntary auction against each of the above real estate on April 23, 2014 ( Daejeon District Court G; hereinafter the above auction case is referred to as “related auction case”).

A) On December 10, 2014, the Plaintiff agreed to pay the said Company KRW 312,766,860 to the said Company and to cancel the registration of the establishment of a neighboring mortgage on F land and buildings, and around that time, paid the said agreed amount to the said Company. (C) On the other hand, D land and E were sold at KRW 495,401,00 in the relevant auction case for the relevant auction case, and the said volume-electronic was paid the said money in the relevant auction case.

2) Bonds related to apartment buildings located in Seoul, as well as B-B.