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(영문) 광주지방법원 순천지원 2018.10.18 2017가단77432
근저당권말소
Text

1.The action of the plaintiff shall be dismissed.

2. The Defendant: (a) 1/2 of the 1/2 of the 445 square meters of Maranam-do, Maranam-do.

Reasons

1. Basic facts

A. The plaintiff is the creditor of the transfer money against B, and the defendant is the person who completed the registration of establishment of the establishment of the ownership of B as to the 1/2 share of the real estate as stated in the Disposition No. 2 of June 17, 2003.

B. On January 26, 2018, the Plaintiff transferred the claim against the Plaintiff’s succeeding Intervenor B and notified B of the assignment of the claim on the same day.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. On August 21, 2018, the Plaintiff’s ex officio determination as to the legitimacy of the Plaintiff’s lawsuit had filed an application for withdrawal from a lawsuit on August 21, 2018, but the withdrawal did not take effect because it did not obtain the Defendant’s consent. Therefore, the Plaintiff’s claim and the Plaintiff’s claim by the Plaintiff’

On the other hand, the Plaintiff filed the instant lawsuit against the Defendant by subrogation, who is insolvent, for the preservation of the claim against B, and on January 26, 2018, the fact that the Plaintiff transferred the claim against the Defendant to the Intervenor succeeding to the Plaintiff is as seen earlier.

Therefore, the Plaintiff’s lawsuit is unlawful, since it cannot be deemed that the obligee’s subrogation lawsuit of this case existed.

3. Determination as to the claims of the Plaintiff’s succeeding intervenor

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

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