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(영문) 서울동부지방법원 2016.10.26 2015가단131582
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 93,364,669 and KRW 63,961,607 among them:

B. Defendants B, C, and D respectively 62,243.

Reasons

1. Facts of recognition;

A. During that period, the details of loans to the E by Han Bank Co., Ltd. (hereinafter “one Bank”) are as follows:

At the time of the above loan, Han Bank completed the registration of creation of a neighboring mortgage on the first floor of Seongdong-gu Seoul (hereinafter “the loan of this case”) owned by E on four occasions, including the maximum debt amount in its name, the sum of 552 million won, and the debtor E.

KRW 280 million on July 14, 2006 and KRW 20 million on July 26, 2006 and November 7, 2006, respectively, KRW 40 million on March 17, 2008 and KRW 140 million on March 17, 2008

B. E died on August 4, 2008, and Defendant A 3/9, the wife, and the remaining Defendants, who were children, inherited E’s property in proportion to 2/9, respectively.

C. The Defendants, the inheritor of E, did not pay interest on each of the above loans from March 2009 and did not lose the benefit of time.

On July 1, 2010, Han Bank applied for the commencement of voluntary auction against the loan of this case to G in this Court. On August 13, 2010, Han Bank received a decision to commence voluntary auction from this Court.

On the other hand, the registration of inheritance in the name of the Defendants was completed on July 27, 2010 upon one bank's subrogation application. D.

On August 26, 2010 and September 27, 2010, the Han Bank transferred to the instant limited liability company the acquisition of assets under an asset agreement entered into between Korea and Korea and a limited liability company specializing in the 17th securitization (hereinafter “instant limited liability company”), and around September 29, 2010 each of the above loan principal of E and the execution cost of E, KRW 6,242,110, totaling KRW 466,242,110, and interest on, and delay damages claim (hereinafter “instant claim”).

E. The first bid was conducted on January 2, 2012 in the auction procedure of the instant loan, but was sold at KRW 641,110,000 on July 16, 2012.

Around August 29, 2012, the instant limited liability company reported to the court the right to KRW 743,309,297 of the instant acquisition amount claim.

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