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(영문) 서울중앙지방법원 2018.08.30 2017가단5199799
저당권설정등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around November 17, 2011, the Defendant (formerly: Korea Housing Guarantee Co., Ltd., and the Korea Housing Guarantee Co., Ltd., Ltd., which comprehensively succeeds to the rights and obligations of the Housing Project Mutual Aid Association pursuant to Article 6(1) of the Addenda of the former Housing Construction Promotion Act (Act No. 5908, Feb. 8, 1999)) entered into an asset acquisition agreement (hereinafter “instant agreement”) with the Plaintiff (former: B Co., Ltd.) to transfer the rights, qualifications, and profits on the sold assets as of the date of the confirmation of assets (on October 19, 201) to the Plaintiff (former: 19, Oct. 19, 201).

B. The main contents of the instant contract are as follows.

Article 1 Definitions and Interpretation Section 1: Definitions of terms used in this Agreement shall be as follows:

The term "objected Bonds" shall be added separately.

(a) Any relevant guarantee that guarantees the subject claim described in the list of the subject claim and any rights, claims, competences, and privileges related thereto, including all rights to (a) (b) the amount of recovery of the subject claim, the remedy for damages, the remedy for damages, and the remedy for bankruptcy proceedings in respect of the subject claim (the costs incurred in preserving and exercising the subject claim) in respect of the amount of recovery in question if any, and the subject claim consists of non-mortgaged claims.

A claim under this Agreement refers to any claim described in the schedule of the subject claim against the borrower.

The term "sale assets" means a gathering of the right of bonds to be issued by the seller in accordance with this contract, which is entered in the list of bonds to be sold to the buyer.

Article 2(1) of the Agreement on Sale and Purchase of the Assets Sold (1) The seller, in accordance with the terms and conditions of this Agreement, transfers to the buyer the rights, qualifications, and profits of the seller on the sold assets existing as of the fixed date of assets in return for the payment of the purchase price, and the buyer takes over them from the seller and takes over them from the seller and the seller’s obligations and obligations related to the sold assets.

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