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(영문) 서울중앙지방법원 2015.06.10 2014가합558467

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C acquired the ownership of the instant building 1) Nonparty C, Gangnam-gu Seoul Metropolitan Government No. 101 (hereinafter “instant building”)

(2) On March 16, 2005, upon purchasing the building of this case from Nonparty E, the owner of the building of this case, the title trust was conducted to Nonparty G, which is one of the wife of Nonparty F, and the registration of the above G was completed on July 22, 1999. (2) However, around April 2002, F and G entered into a lawsuit to seek cancellation of the transfer of ownership in the name of G with respect to the building of this case, asserting that the building of this case was registered in title with G, the Seoul Central District Court 2004Gadan69145, and C filed a lawsuit against Nonparty, which claimed cancellation of the transfer of ownership in the name of G with respect to the building of this case, and the judgment of winning the Plaintiff was finally finalized on February 11, 2008 through the appellate court, the final judgment became final and conclusive on March 3, 2009 based on the above final judgment.

B. On March 3, 2009, at the date of completion of the registration as the owner of the instant building, C established a provisional registration on the ground of a pre-sale agreement on February 24, 2009 with Nonparty H on March 3, 2009. After all the registration of establishment of each of the neighboring mortgages of the Korea Light Bank Co., Ltd and the Bank of Korea Co., Ltd. established on the instant building was cancelled, Nonparty L acquired the right to claim ownership transfer registration of the instant building from Nonparty I, J, and K on October 24, 201, and completed the registration as the owner of the instant building on October 28, 201.

3) On December 6, 2011, the Plaintiff of C’s another other loan was transferred each of the instant mortgages under the name of the said I, J, and K. On May 10, 2012, the ownership of the instant building was changed from L to the Defendant on October 29, 2012, and thereafter, the Defendant was the Defendant as the debtor, and the amount of KRW 120,000,000 is the maximum debt amount on November 12, 2012.