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(영문) 의정부지방법원고양지원 2016.08.11 2015가단84633
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that sells machinery tools, etc., and the Defendant is a specialized securitization company established pursuant to the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”). The Posty Asset Management Co., Ltd. (hereinafter “Masty Asset Management”) is the Defendant’s asset manager under the Asset-Backed Securitization Act.

B. On February 10, 2015, the Plaintiff: (a) concluded a contract on behalf of the Defendant to purchase KRW 920 million (hereinafter “instant contract”); (b) where the claim transferred or trusted pursuant to an asset-backed securitization plan is a claim secured by a pledge or mortgage, the special purpose company, etc. shall acquire the pledge or mortgage at the time of the registration under Article 6 (1). On March 20, 2008, which was created on the land and the above above above above ground building, the mortgage-backed mortgage-backed claim (hereinafter “mortgage-mortgage-backed bank, Korea Bank, Ltd., Ltd., the debtor, the maximum debt amount, KRW 960 million); and (c) the seller’s column under the instant contract entered into a contract on behalf of the caretaker under Article 12(8) of the Enforcement Decree into a contract on behalf of the transferor.

C. On February 10, 2015, the Plaintiff wired the sum of KRW 30 million on February 10, 2015, and KRW 184 million on February 11, 2015, including part of the down payment and remaining amount, KRW 154 million.

On May 4, 2015, 2015, the 30th of the same month prepared a written non-performance statement that the Plaintiff would return all of the above KRW 184 million to the Plaintiff, while not issuing documents necessary for the transfer of the above right to collateral security.

grounds for recognition.

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