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(영문) 대구지방법원 2014.01.07 2012가단50510
근저당권말소
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On November 29, 2004, the registration of ownership transfer was completed in the name of the Hand home industry development corporation (hereinafter "Hand home industry development") on the first real estate under the name of the plaintiff on April 28, 2008 (transaction value of 440,000,000). The registration of ownership transfer was completed on the ground of exchange on July 9, 2008; the registration of ownership transfer was completed in the name of B on the ground of sale on May 26, 2009; the registration of ownership transfer was completed in the name of C on the ground of sale on April 28, 2008; the maximum debt amount of debt amount of 30,000,000,000, the debtor, the National Agricultural Cooperative Federation of Korea (hereinafter "Defendant Nonghyup Bank") was changed to one another; and the debtor was registered as the registration of ownership transfer in the name of B on the ground of contract 2008,209.

B. On November 29, 2004, the registration of ownership preservation was completed in the name of Hand home industry development on the real estate listed in attached list No. 2 (hereinafter "second real estate"), and the registration of ownership transfer was completed in the name of B on June 4, 2008 (transaction price of KRW 440,000,000) and the registration of ownership transfer was completed on July 9, 2008. The registration of ownership transfer was completed in the Plaintiff's name on the ground of the exchange on July 9, 2008. The registration of ownership transfer was completed on June 4, 2008, the registration of mortgage establishment was completed on the part of the National Agricultural Cooperative Federation, which became the debtor on the ground of the acquisition of the contract on July 18, 2008.

C. On April 28, 2008, the Plaintiff borrowed KRW 250,000,000 from Defendant Nonghyup Bank. Defendant Nonghyup transferred the above claims against the Plaintiff to the Joint Asset Management Co., Ltd., and the Joint Asset Management Co., Ltd., the said claims are specialized in the United Nations Asset Management.

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