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(영문) 서울중앙지방법원 2021.01.28 2019나53084
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The first instance judgment is the purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On August 25, 2009, I owned Yongsan-gu Seoul Metropolitan Government apartment E (hereinafter “instant real estate”) and set up the highest claim amount of KRW 960,00,000 as security for loans to the Dispute Settlement Council.

B. On October 11, 2009, I died, and the KJ has completed the registration of ownership transfer due to inheritance in the name of K on November 23, 2013, after filing a voluntary request for auction on November 12, 2012 with respect to the instant real estate.

(c)

C On April 10, 2013, completed the registration of transfer of ownership on the ground of sale and purchase on the instant real estate on March 7, 2013, and on July 1, 2013, C created a maximum claim amount of KRW 1,560,000,000, and a nearby right to the debtor M (hereinafter “instant neighboring right”) to F Co., Ltd. (hereinafter “F Bank”).

(d)

On April 15, 2013, the LAJ withdrawn a voluntary application for auction with respect to the instant real estate, and cancelled the right to collateral security in the name of the bank on July 2, 2013.

E. The instant right to collateral security was transferred from F banks to G (hereinafter “G”) on September 30, 2014 on the ground that the instant right to collateral security was transferred to G (hereinafter “G”).

F. On October 20, 2014, the Defendant acquired the instant collateral security claim from G, and completed the registration of the transfer of the instant collateral security right, completed the loan of KRW 1 billion from F Bank on the same day (hereinafter “the instant loan”). At the same time, the Defendant paid F Bank the acquisition price of the instant claim with the loan of KRW 1 billion from F Bank, and completed the registration of the establishment of the pledge right with respect to the instant collateral security right with respect to F Bank.

G. C paid KRW 51,839,712 to the Defendant over ten occasions from November 20, 2014 to November 5, 2015.

H. On June 15, 2015, a compulsory auction procedure was initiated with the Seoul Western District CourtO on the instant real estate upon a lessee N, and on December 15, 2016, KRW 3,819,790 out of the proceeds from the sale of the instant real estate during the said auction procedure, to Yongsan-gu and KRW 700 million to N as senior lessee.

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