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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is a bank in Korea (hereinafter “Korea Bank”) on March 19, 2013.
2) On December 17, 2014, the Bank transferred the claim of the Bank to the Plaintiff to a limited liability company for asset loan management (hereinafter referred to as “voluntary one asset loan management”) that wishes to have the amount of the loan KRW 23 million, etc., and on January 15, 2015, the Bank notified the Plaintiff of the transfer of the claim.
3) A desired one asset loan management lawsuit was filed against the Plaintiff as Seoul Central District Court 2015da657503, and the above court concluded a donation contract on February 6, 2015 with the Plaintiff (the Plaintiff of this case) on November 26, 2015, and the Plaintiff (the Plaintiff of this case) received an application for registration of ownership transfer from the Plaintiff (the Plaintiff of this case) on May 15, 2015 to pay 17% interest per annum from May 15, 2015 to the day of full payment.” The above judgment became final and conclusive. (b) The Plaintiff’s act of disposal of the Plaintiff’s property was finalized as it became final and conclusive. The Plaintiff’s claim for registration of ownership transfer was filed with the Defendant, who is his relative, on February 1, 2014, under the name of the Plaintiff’s individual rehabilitation decision rendered on February 16, 2014, which was accepted on February 16, 2017.
2) Even after the decision to commence the aforementioned individual rehabilitation procedure was rendered, the Plaintiff did not take over the instant litigation procedure, and this court, ex officio on May 2, 2018, ordered the Plaintiff to proceed with the instant litigation procedure by designating the Plaintiff as a litigation recipient for the management of the first asset loan that the Plaintiff wishes. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 1, 3, 4, 5, 6, 6, 6, 6, 6, 7, 9 and the purport
2. With respect to the legitimacy of the instant lawsuit, the health unit, the debtor’s rehabilitation and the bankruptcy regarding the legality of the instant lawsuit ex officio.