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(영문) 서울남부지방법원 2018.08.30 2018고정283

권리행사방해

Text

The Defendant, who is not guilty, publicly notified of the summary of this judgment.

Reasons

Around January 6, 2011, the Defendant in the factory office purchased BF car at a 36-month rate, agreed to obtain a loan from the victim Dispute Resolution Co., Ltd. and borrowed 9.9 million won. On the same day, in order to secure the above loan, the Defendant established a mortgage on the said car in the victim’s future, and thus, the Defendant was obliged not to make any voluntary disposition, such as transferring the said car, which was the object of the said mortgage, to another person without the consent of the victim.

Nevertheless, when the Defendant did not repay all of the loans, the Defendant delivered the said car to D, who is the branch of the loan, and caused him to pay the installment of the said car. On November 25, 2016, the Defendant scrapped the said car as indicated above D.

As a result, the defendant damaged the property owned by the defendant, which is the object of the victim's right, thereby hindering the victim's exercise of right.

According to each of the investigation reports on the market (Submission of data by proxy for complaint - Transfer of assets) and investigation reports (request for cooperation in investigation - Register of Automobile Registration B), the victim's bank in charge of the settlement of accounts may recognize the fact that the victim's bank in charge of the settlement of accounts loans in installments to the defendant around January 6, 201, and completed the registration of the creation of the above mortgage for the security of the security, and the victim entered into a contract for the acquisition of assets that transfer multiple claims, including the above-paid loan claims, to E around June 18, 2014.

In this regard, the registration of transfer of the said mortgage right in the case of the said car has been completed in the inte. The registration of the Financial Services Commission in accordance with Article 6 (1) of the Asset-Backed Securitization Act, such as an asset-backed securitization plan with respect to the above-paid loan claims, etc., has become effective in the transfer of mortgage under Article 8 (1) of the same Act.

There is no evidence to determine the person.

Rather, according to the results of the investigation report (request for investigation cooperation - Division B of the Automobile Registration Register) and the fact-finding on the Financial Services Commission of this Court, the above mortgage right.