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(영문) 서울중앙지방법원 2018.01.12 2017가합521572
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 351,32,559 and interest rate of KRW 15% per annum from April 5, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On December 23, 2008, the Defendant sold 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to B, and on January 5, 2009, the Defendant completed the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) under the receipt No. 447 of receipt on January 5, 2009 with respect to each of the instant real estate by the Jung-gu District Court, Goyang-gu Office, Goyang-gu, Seoul District Court (hereinafter “the instant real estate”).

B. The National Bank Co., Ltd. (hereinafter “National Bank”) loaned a total of KRW 4.65 billion from January 5, 2009 to September 27, 2010 to B, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to each of the instant real estate as the Ji Government District Court Nos. 449 of receipt on Jan. 5, 2009, the Goyang-gu Branch Office of High Branch of the Jeju District Court on Jan. 5, 2009, Nos. 71303 and 71304 of receipt on Sept. 27, 2010.

C. B loses the benefit of time due to failure to repay the principal and interest of the above loan obligation, the National Bank applied for voluntary auction on April 14, 2014 with respect to each of the instant real estate to the Jung-gu District Court Goyang Branch C upon the registration of the establishment of the instant real estate, and the above court assistant officer decided to commence auction on April 16, 2014.

(hereinafter referred to as “instant auction procedure”). D.

On May 13, 2014, the National Bank concluded an asset acquisition agreement with the Korea Securities Finance Corporation and the Korea Securities Finance Corporation with the content that the secured debt of the instant establishment registration will be transferred to the Korea Securities Finance Corporation.

On June 3, 2014, the Plaintiff, the National Bank, and the Korea Securities Finance Corporation entered into an “asset transfer and acquisition contract” with the content that the Korea Securities Finance Corporation will transfer the status of purchaser of the said asset acquisition agreement to the Plaintiff. On June 5, 2014 and June 11, 2014, the Korea Securities Finance Corporation sent a notice of assignment of claims to the said purport.

On June 26, 2014, the Plaintiff was based on the acquisition of the claim to the executing court of the auction procedure of this case.

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