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(영문) 서울중앙지방법원 2021.01.12 2019가단58774

청구이의 등

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On June 18, 2018, the Plaintiff and Nonparty C issued a promissory note with a face value of 1.2 billion won at its face value, and on August 30, 2018 (hereinafter “instant promissory note”) on the same day (hereinafter “instant promissory note”) and drafted a fair deed containing the content of recognizing compulsory execution against the said promissory note under No. 494, 2018.

B. On November 14, 2018, the Defendant sent to the Plaintiff a notice of credit transfer (Evidence A No. 3) by evidentiary mail, which is sent to the Plaintiff by the receiver, “A”, “C, Plaintiff, and F. This was accompanied by “A” (Evidence A 2) from November 13, 2018.

(c)

The term “transfer and acquisition agreement” was written in the attached list, stating that the transferor would transfer the bonds listed in the attached list to “B,” other than the transferee “B,” and attached list, stating “(1) transfer amount: principal amount: KRW 1.200 million: investment fee; KRW 600 million;” and “2) documents related to the transferor” as “(i) investment agreement between C and H; ② copy of the certificate of transfer of land and collateral use agreement between C and the Defendant; ③ copy of the certificate of transfer of a fair contract between H and the Defendant; ④ copy of the certificate of transfer of an investment agreement between C and the Defendant; ④ an agreement between C and the Defendant between C and the Government, ⑤ other documents and notes provided to the Defendant by the other hosts; and 7) performance of H’s payment; and 9) performance of the certificate of transfer of the contract between H and the Defendant; and < Amended by Presidential Decree No. 17206, Mar. 1, 2006>

(d)

On November 16, 2018, the Defendant applied for the compulsory auction of the real estate portion of the Plaintiff’s share in the Daejeon District Court’s N on the instant promissory note (the claimed amount is KRW 300 million). The above case was followed as follows.

On November 20, 2018, the decision of compulsory commencement of auction on August 28, 2019, each peremptory notice shall be given on September 4, 2019 on the date of sale of each of the above real estate on the date of sale decision.