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(영문) 서울고등법원 2018.01.10 2017나2045705
근저당권설정등기말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this case, such as the acceptance of the judgment of the court of first instance, are as follows, the reasons for this case are as follows: 7.1 to 18 of the judgment of the court of first instance; 7. 19 of the judgment of the court of first instance are as follows; 8. 12 of the Act as "B"; 3. 18 of the Act as "I", and 18 of the same Act as "I" are as the reasons for the judgment of the court of first instance, and 420 of the Civil Procedure Act are as follows.

(1) In light of the purport of Article 20(1) through (4) of the former Promotion Act, which regulates the right to claim purchase of a claim by a creditor financial institution that has opposed to a resolution of the creditor financial institution (hereinafter referred to as the “council”) against the creditor financial institution that has consented to the resolution of the Council, it is reasonable to deem that a sales contract for a claim by a creditor financial institution opposing to the resolution of the Council is established as a so-called formation right regardless of the consent of the creditor financial institution’s execution, and accordingly, it is reasonable to deem that the opposing creditor bears the obligation to transfer the claim, and that the opposing creditor bears the obligation to pay the purchase price

However, as a type of an act of claim or an act of bearing the obligation to transfer a nominative claim, in ordinary cases, with the purport of generating the obligation to transfer a nominative claim, it constitutes a quasi-real right or an act of disposal with the purport of transferring a claim to a transferor to a transferee (see Supreme Court Decision 2010Da100711, Mar. 24, 201) and a contract of transferring a claim constitutes a separate independent act with the intention of transferring a claim, such as the sale of a nominative claim, if a contract of obligation to transfer a claim and a contract of transferring a claim are performed in a lump sum, in most cases, with the intention of transferring a claim, such as the sale of a nominative claim, etc., as a result of a series of cases where a contract of obligation to transfer a claim

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