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(영문) 서울중앙지방법원 2015.09.24 2015가합941
승낙의사표시
Text

1. The plaintiff's lawsuit against the Industrial Bank of Korea shall be dismissed.

2. Defendant Nonghyup Incorporated Co., Ltd.

Reasons

1. Basic facts

A. In order to secure loan claims against Nonparty C, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the real estate listed in the attached Form No. 20091 on July 2, 2013, which was owned by the Cheongju District Court, the Cheongju District Court, the Audio Registry, and the obligor and the Plaintiff as a mortgagee, as the maximum debt amount of KRW 100,000,000,000, and the establishment of a neighboring mortgage (hereinafter “instant real estate”).

B. As to the instant real estate, the registration of cancellation of the registration of the establishment of a collateral security agreement of the instant case was completed as of August 2, 2013 as of July 31, 2013, with the Cheongju District Court Audio Registry No. 24874, which was received on August 2, 2013, and the registration of transfer of ownership in the name of Defendant Incorporated Co., Ltd. (hereinafter “B”), which was made on August 2, 2013, as of August 2, 2013, as of August 2, 2013, the registration of the establishment of a collateral security agreement was completed under the name of the Defendant Incorporated Co., Ltd. (hereinafter “B”), which was made on the ground of sale as of August 2, 2013, the maximum debt amount was KRW 72,00,000, the debtor and the Defendant Industrial Bank of Korea

C. Moreover, on December 23, 2013, the provisional attachment registration under the name of the Defendant Gyeonggi Gyeonggi Credit Guarantee Foundation was completed as of December 23, 2013, and on May 27, 2014, the provisional attachment registration was completed under the name of the Defendant Republic of Korea (the competent authority: the National Tax Service’s tax office) under the name of the Defendant Republic of Korea (the National Tax Service).

On December 4, 2014, the Defendant Industrial Bank of Korea concluded an asset acquisition agreement with Nonparty Joint Asset Management Co., Ltd. (hereinafter “Co., Ltd.”) and the Defendant Industrial Bank of Korea on the acquisition of assets with the content of selling non-performing loans, including claims against B to the management of the combined assets.

On December 26, 2014, the Plaintiff’s successor to the Industrial Bank of Korea (hereinafter “Defendant’s successor”) registered an asset-backed securitization plan with respect to the above insolvent loan claims to the Financial Supervisory Service pursuant to Article 3 of the Asset-Backed Securitization Act, and on December 26, 2014.

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