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(영문) 서울중앙지방법원 2017.01.19 2015가합572040
소유권말소등기
Text

1. The plaintiff's claim for cancellation of provisional disposition registration against defendant B is dismissed.

2. The plaintiff's defendant.

Reasons

Basic Facts

D’s loans and joint and several sureties Co., Ltd. were established on March 17, 1984, and trade name on the entire certificate of registered matters is “Stock Company D”.

(hereinafter referred to as "D") is a company that has been engaged in housing construction and sales business.

D Around February 14, 1997, around February 14, 1997, the Jeju bank entered into a payment guarantee contract with the principal and interest of bonds, and C guaranteed D's debt to the Jeju bank on the same day.

In addition, D entered into a credit transaction agreement with the former bank around January 26, 1998, and C guaranteed the debt of D with the former bank on the same day.

On January 8, 2002, the former bank, including the acquisition of the Plaintiff’s loan claims, transferred each of the above loan claims against D to each Korea Asset Management Corporation around June 28, 2002. Around that time, the former bank notified the transfer of credit to D.

On August 28, 2012, the Korea Asset Management Corporation again transferred each of the above loans to the Plaintiff, and the Plaintiff has the same year.

9.28. On behalf of the Korea Asset Management Corporation, notification of the assignment of claims to D.

around November 20, 2012, D’s loan interest on Jeju Bank is KRW 41,85,392,514 in total (= Principal KRW 26,758,47,164 in total). The loan interest on the North Korean Bank is KRW 15,895,643,391 in total (= Principal KRW 5,517,95,95,831 in total). The loan interest on the North Korean Bank is KRW 10,37,687,560 in total.

On December 6, 2012, the Plaintiff applied for a payment order with Seoul Central District Court 2012 tea87291, and received a payment order from the above court that “C shall jointly and severally pay KRW 3 billion to the Plaintiff with D and E,” and the said payment order was finalized on January 11, 2013.

On April 2, 2013, the Plaintiff received a decision in lieu of conciliation with the purport that “D shall pay to the Plaintiff KRW 3 billion by May 31, 2013.”

Defendant A’s shares of F Co., Ltd. are 194,475 shares of F Co., Ltd. (hereinafter “F”) at present.

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