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(영문) 서울중앙지방법원 2018.03.29 2016가합570843
양수금
Text

1. The counterclaim against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff) C limited liability company shall be dismissed.

2. The defendant B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1 to 9, 12, 13, 18 (if any, including each number; hereinafter the same shall apply), Eul evidence 1 to 5, and evidence 8, together with the whole purport of the pleadings:

Attached Form

1) F clans (hereinafter referred to as "foreign clans") 1) F (hereinafter referred to as "foreign clans")

) The H clan was changed from January 18, 1987 as of January 18, 1987. On September 10, 1934, each of the real estate listed in the [Attachment 1] List of Real Estate (hereinafter “instant real estate”).

A) On May 11, 1934, Nonparty E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer on the ground of the cancellation of the trust agreement. (2) Nonparty E Co., Ltd. (hereinafter “E”) received the registration of ownership transfer on the grounds of the sale on January 7, 2010 of the instant real estate (hereinafter “the instant sale”) from Suwon District Court’s receipt of KRW 523 on the same day of receipt of the same site cost (hereinafter “instant transfer”).

3) Upon receiving a loan of KRW 2.5 billion from the Industrial Bank of Korea on January 7, 2010, E is deemed as the instant collateral security (hereinafter “instant collateral security”) with respect to the instant real estate from the Industrial Bank of Korea on the security of the debtor, E-mortgager, the Industrial Bank of Korea, and the maximum debt amount, KRW 3 billion.

B. B. On February 16, 201, on the application of the Industrial Bank of Korea, which is a collateral security right holder, the voluntary auction procedure for the instant real estate was completed. On February 16, 201, on the instant real estate, Suwon District Court D (hereinafter “instant auction procedure”).

2) The Industrial Bank of Korea is a G Co., Ltd. (hereinafter “G”) on November 22, 201, when the said auction procedure was in progress.

) The above loan claims against E and the right to collateral security of this case were transferred to E (hereinafter referred to as "the instant case").

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