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(영문) 대전지방법원홍성지원 2016.08.24 2014가단7179
소유권이전청구권가등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The bankrupt, head of the Si/Gun/Gu District Court, and the bankruptcy trustee of the mutual savings and finance company (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit claiming loans against B with the Daejeon District Court 2003Gapo2059.

On April 17, 2003, the above court made a decision on performance recommendation that "B shall pay the Korea Deposit Insurance Corporation KRW 18,000,000 and interest thereon at the rate of 21% per annum from April 30, 2002 to the date of full payment (hereinafter "the decision on performance recommendation of this case"). The above decision on performance recommendation was delivered to B on April 18, 2003 and confirmed on May 3, 2003.

The Korea Deposit Insurance Corporation filed a loan claim lawsuit against B with the Daejeon District Court 2003Gadan3041.

On July 8, 2003, the above court rendered a ruling that “B shall pay the Korea Deposit Insurance Corporation KRW 30,000,000 and 23% interest per annum from April 30, 2002 to the date of full payment” (hereinafter “the loan of this case”). The above ruling was finalized on July 27, 2003.

On November 17, 2006, the Korea Deposit Insurance Corporation received a dividend of KRW 835,311 in the Daejeon District Court Red support C real estate auction with the title of execution of the instant decision on performance recommendation.

On November 4, 2005, the Korea Deposit Insurance Corporation transferred to the Plaintiff the instant performance recommendation decision and the instant loan loan to B, and around that time notified B of the assignment of claims.

On May 9, 2013, the Plaintiff filed an application for payment order with the Seoul Central District Court No. 2013j32359 against B for the purpose of suspending the extinctive prescription of claims according to the instant performance recommendation decision and the instant loan decision.

Since then, according to the Seoul Central District Court's decision to refer to legal proceedings, it was converted to the claim for the takeover amount of money by Seoul Central District Court 2013Da292640, and on April 8, 2014, "B" was the year from April 30, 2002 to the date of full payment with respect to KRW 66,50,000,000 among the amount of KRW 66,507,842 and its amount.

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