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(영문) 서울중앙지방법원 2011.10.27 2010가합123955

채권양도 등

Text

1. The defendant A:

A. The Plaintiff is in the case of the public auction of real estate D with the high tax management number of the Korea Asset Management Corporation.

Reasons

1. Facts of recognition;

A. On March 23, 2007, the Plaintiff entered into a credit transaction agreement with E with a maximum amount of KRW 1.39 billion and KRW 50 million, and loaned KRW 2.71,517,458 to E. In order to secure the above loan obligations on the same day, the Plaintiff completed the registration of creation of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-1,87,00,000 won for the maximum debt amount (hereinafter “instant real estate”).

B. On August 25, 2006, before the establishment of the instant right to collateral security, the registration of the right to collateral security (hereinafter “instant right to collateral security”) was completed on August 24, 2008 by Defendant A’s lease deposit amounting to one billion won, and by August 24, 2008. After the establishment of the instant right to collateral security, the registration of attachment was completed on December 24, 2007 by Seocho-gu Seoul Metropolitan Government and the registration of attachment was completed on June 5, 2008.

C. On April 30, 2010, the head of the Yangyang District Tax Office requested the Korea Asset Management Corporation to vicariously sell the instant real estate by delinquent taxpayers E pursuant to Article 61 of the National Tax Collection Act, and the Korea Asset Management Corporation publicly announced the attachment of the instant real estate on July 14, 2010 (the procedure for public sale conducted upon the request for the above public sale by proxy is referred to as “the procedure for public sale in this case”). “The appraisal amount is KRW 2.4 billion, the appraisal date is June 9, 2010,” “Lease Information column: Lease Right: the name of lease: Defendant A”; the main information column of the registry information column is “the first chonsegwon (one billion won, the registration and establishment amount on August 25, 2006; the registration amount on March 23, 2007; the registration amount is KRW 187,200,000,000,000,000,000 won, which is not distributed by the purchaser after the above public sale;