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(영문) 서울남부지방법원 2016.05.12 2015가합107336
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties’ relevant G died on October 5, 2008 as the owner of 1,541 square meters (hereinafter “instant land”). The Defendants died on October 5, 2008 as G’s heir, respectively. The Defendants are 1/5 of their inheritance shares.

The Plaintiff is the transferee of the registration of the establishment of a neighboring mortgage and the secured debt on the instant land as follows.

B. The establishment of the right to collateral security and the transfer of the right to collateral security and the right to collateral security 1) G between I on September 15, 2005 and I on September 15, 2005 (hereinafter “instant claim”).

In order to secure security, the right to collateral security was agreed to set up the instant land, and accordingly, on April 12, 2006, the right to collateral security was established over the instant land with the creditor I, principal debtor G, and maximum debt amount of KRW 300 million (hereinafter “instant right to collateral security”).

2) On May 30, 2006, I transferred the instant claim and the right to collateral security (hereinafter “first transfer”) to J on May 30, 2006, and J completed the supplementary registration of the instant land before the instant transfer on June 1, 2006.

J on October 20, 2010, transferred the instant claim and right to collateral security (hereinafter “instant transfer”) to the Dried Industries Co., Ltd. (hereinafter “Dried Industries”), and on November 2, 2010, the Dried Industries completed the supplementary registration of the instant land before the instant transfer.

On November 15, 2010, the dry Industry transferred the instant claim and the right to collateral security (hereinafter “third transfer”) to the Plaintiff. On November 16, 2010, the Plaintiff completed the supplementary registration of the right to collateral security before the instant land.

3 Around November 15, 2010, the K Apartment 603, which is the domicile of G, sent a content-certified mail to notify the third transfer of this case to K Apartment 603.

The above content-certified mail was served to the above address on November 19, 2010.

C. The Plaintiff’s voluntary auction and partial repayment of the instant claim is the Jinyang Branch L.

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