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(영문) 부산지방법원 2018.03.22 2017가단11212
대위명도및양수금등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the Korea Land and Housing Corporation.

Reasons

1. The Plaintiff’s assertion was transferred from Defendant B to the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) the right to refund the lease deposit amount of KRW 25,00,000 on the real estate indicated in the separate sheet (hereinafter “instant real estate”). As such, the Plaintiff claims the delivery of the instant real estate to Defendant B by subrogationing the Defendant construction. The Defendant B delivers the instant real estate to the Defendant Corporation, and the Defendant Corporation is obliged to pay the Plaintiff the money calculated by deducting the rent, management fee, and damages from KRW 25,00,00,00 from the transfer of the instant real estate from Defendant B at the same time.

2. According to the statements in Gap evidence Nos. 1 and 3, it is acknowledged that the contract for claim transfer and takeover (hereinafter "the contract for claim transfer of this case") of October 23, 2009 between the defendant Eul and the defendant Corporation entered into on July 31, 2009 that the claim for the return of the lease deposit amount of 25,000,000 won under the lease contract concluded on July 31, 2009 between the defendant Eul and the defendant Corporation will be transferred to the plaintiff by the defendant Eul. The defendant Eul written a notice of claim transfer to the defendant Corporation to the effect that the notice of claim transfer is given to the defendant Corporation on the same day, and the above notice was sent to the defendant Corporation on October 26 of

However, the Plaintiff asserted that, while submitting a certificate of loan (No. 4-1 to 3) with Defendant B as the debtor, the above contract was concluded in order to secure a loan claim of KRW 12,000,000 based on the above certificate of loan with Defendant B. As such, this constitutes a contract establishing a right (mortgage). If there is no secured claim depending on the subsidiary nature of the security right, if there is no secured claim, it shall be deemed that the contract establishing a security right is invalid or not established.

Therefore, the assignment contract of this case.

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