(영문) 부산지방법원 2017.11.17 2016가단39770

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(영문) 부산지방법원 2017.11.17 2016가단39770

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. On December 1, 2015, C, on December 1, 2015, sold to the Defendant the instant real estate at KRW 1,750,000,000 for the instant real estate by selling the total of 36 stories of reinforced concrete building sloping roof 4, and 3,000,000,000 for 1.75,000,000,000.

B. At the time of the sales contract of the instant real estate, C received 200 million won down payment from the Defendant, and agreed with the Defendant as follows with respect to the payment method of the remaining 1.55 billion won.

1) The Defendant’s acquisition of the secured debt of KRW 950 million with the secured debt of KRW 1140,000,000,000,000,000, which is set up on the instant real property (hereinafter “instant restriction on rights”) by the Defendant, which is a limitation on the exercise of ownership of the instant real property, including the remainder of the secured mortgage except the secured debt of KRW 600,000,000,000,000,000,000,000 (hereinafter “instant restriction on rights”).

(C) On January 22, 2016, C transferred to the Plaintiff KRW 150 million out of the outstanding claim 600 million, and notified the Defendant of the assignment of the said claim on the same day. [In the absence of any dispute over the recognition, the each entry of Gap Nos. 1 and 2, Eul’s testimony, and evidence No. 2, the witness C’s testimony, and the purport of the entire pleadings.”

2. As to the Plaintiff’s assertion against the Defendant, the Defendant claimed the payment of the amount stated in the purport of the claim against the Defendant, the Defendant asserted that the Defendant could not respond to the Plaintiff’s claim on the ground that C had not yet settled the limitation on the right of this case, and the maturity of the above transaction remainder obligation has not yet arrived.

3. Determination

A. A claim under the relevant legal doctrine is transferred to the assignee while maintaining its identity, and the obligor receives the notification of transfer.

유사 판례

-부산지방법원 2017.11.17 2016가단23904

-광주지방법원 2014.03.25 2013가단48291

-광주지방법원 2015.03.20 2014나4206

-서울고등법원 2015.11.17 2015나6397

-서울서부지방법원 2017.04.20 2015가합37573