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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant (Plaintiff).
purport, purport, ..
Reasons
The following facts, which have become final and conclusive in the judgment subject to a retrial, may be recognized either clearly by records or by comprehensively taking into account the respective descriptions and the overall purport of the arguments and arguments of A1, 2, 3, A4-1, 2, A5, A6-1, 2, A7, A7, 8, A9-1, 2, A10-1, A10-2, A12-19, 28, B1, and 2.
On August 24, 2004, the Defendant created the first priority collective security right (hereinafter “instant collective security right”) with respect to each of the instant real estate at issue, on August 24, 2004, in order to secure the loan of KRW 4.1 billion from the Plaintiff as a general corporate fund, while the instant real estate was operated by rain and rain and rain and at No. 01 and No. 102 (hereinafter “each of the instant real estate”).
Since the Defendant was unable to repay the above loan obligations, the Plaintiff filed an application with Suwon District Court C for an auction to exercise the security right to each of the instant real estate based on the right to collateral security of this case on October 24, 2005, and started the auction procedure on October 24, 2005.
On June 9, 2006, the Plaintiff transferred the obligation of loans to the Defendant and the instant collateral security to a limited company specializing in foreign exchangeship third-party securitization (hereinafter “foreign special purpose company”), and notified the Defendant of the assignment of the claim, and registered the transfer of assets with the Financial Services Commission pursuant to Article 6(1) of the Asset-Backed Securitization Act.
On December 19, 2006, the foreign exchange special purpose company explained the acquisition of the secured debt which is secured by the right to collateral to court of execution and subsequently specifically succeeded to the status of the applicant creditor by reporting the change of creditor.
On November 15, 2007, the foreign exchange securitization company transferred loans and obligations to the Defendant to Korea F&A Co., Ltd (hereinafter “Korea”), and the instant collateral security to the Defendant, and notified the Defendant of the assignment of claims. On December 20, 2007, Korea F&A against the Defendant to Korea A&A Specialized Company for L&A (hereinafter “Korea Special Purpose Company”).