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Reasons
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(영문) 서울서부지방법원 2016.05.27 2015가단18025
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2004, the Daejeon District Court issued a registry office with respect to the F Ground Building (hereinafter “instant building”) owned by Nonparty E, the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the Defendant, the maximum debt amount of KRW 30 million, and the obligor E, was completed.

B. The instant first assignment contract and the registration of transfer of mortgage 1) The instant mortgage and the instant secured claim owned by the Defendant to Nonparty G with the transfer proceeds of KRW 21.3 million (hereinafter “the instant first assignment contract”).

(2) On November 12, 2013, the registration of the transfer of a right to collateral security in the name of G was completed in the name of the Defendant (transferor) and the Defendant received the said transfer proceeds. (2) On the same day, the registration of the transfer of the right to collateral security in the name of G was completed as of November 13, 2013 by the Daejeon District Court Branch of District Court No. 17058, Nov. 13, 2013.

C. On January 14, 2014, the instant second assignment contract and registration of mortgage transfer 1) G and the instant mortgage held by G between G and the Plaintiff, and the instant secured claim, are transferred to the Plaintiff (hereinafter “instant second assignment contract”).

(2) On January 16, 2014, the Daejeon District Court issued the registry office of the Daejeon District Court with regard to the instant right to collateral security, and the registration of collateral security in the name of the Plaintiff was completed on the ground of the instant secondary assignment contract.

On May 13, 2013, the Defendant filed an application for voluntary auction of the instant building on the basis of the instant collateral security with the Daejeon District Court Husan branch on May 13, 2013. On the following day, G submitted a report on the change of creditors and collateral security holders to the said auction court around November 20, 2013.

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