(영문) 서울남부지방법원 2020.01.14 2018가단262947

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(영문) 서울남부지방법원 2020.01.14 2018가단262947

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, on March 17, 2014, Kimpo-si, Kimpo-si, E, F, G (the ownership of H and I at the time of loan was transferred to the Plaintiff on February 24, 2017, and hereinafter “Plaintiff-owned land”), J, K (the ownership of H and I at the time of loan was transferred to L on December 17, 2015, and was transferred to L on December 17, 2015 (hereinafter “L-owned land”) with the maximum debt amount of KRW 715,00,000, the debtor B and the secured mortgage C association and borrowed general loans after setting up a mortgage.

(hereinafter “instant loan”). (b)

M, after acquiring the land owned by the Plaintiff in the name of the Plaintiff, filed an application with CF to pay the principal amount of KRW 253,682,986, interest 13,283,201, which is the balance of the loan, on March 16, 2017, for the payment of the said debt by subrogation with the amount remitted by the Plaintiff.

C. On March 16, 2017, CA prepared a certificate of subrogation proving the payment of subrogation by dividing the land on which the person making the payment by subrogation and the amount of payment by subrogation was offered as part of the Plaintiff’s ownership into KRW 177,442,137 (principal KRW 168,613,305, interest KRW 8,828,832) and L owned part of KRW 89,524,050 (principal principal KRW 85,069,681, interest KRW 4,454,369).

M, around November 2018, entered into a contract to transfer the claim amounting to KRW 89,524,050, which M transferred to the Defendant according to the payment by subrogation, and notified the Defendant of the assignment of the claim on November 30, 2018 and reached that time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including the number of branch offices), Eul evidence Nos. 1 and 14, Eul's response to the submission of financial transaction information to C, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff, around the plaintiff's assertion, purchased the land owned by the plaintiff and subrogated for the defendant, who is the debtor, for the share of L owned land offered as joint security at the time of the loan of this case.

유사 판례

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