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(영문) 서울중앙지방법원 2015.04.29 2014가합10101
채권자대위권에 기한 지료청구등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the instant case is that the Plaintiff, the creditor of A Co., Ltd. (hereinafter referred to as “Co., Ltd.” from the time when the second name is omitted), asserts that the Defendant occupied and used the road B 282 square meters (hereinafter referred to as “instant land”) in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as “instant land”) owned by A without permission, and sought a return of unjust enrichment of KRW 64,243,000 equivalent to the rent from February 25, 2009 to May 21, 2014 by subrogationing A.

On the premise of fact, the Korea Asset Management Corporation acquired the Plaintiff’s claim against A in proportion to KRW 319,124,901 based on the Seoul Central District Court Decision 2010Gahap1741 and KRW 101,062,058 out of the above amount, 18% per annum from December 29, 2009 to April 7, 2010, and 20% per annum from the next day to the date of full payment.

On August 28, 2012, TNNF Co., Ltd. acquired the credit of the judgment amount in accordance with the asset acquisition agreement with the Korea Asset Management Corporation, and on October 19, 2012, notified the transfer of credit to A on behalf of the Korea Asset Management Corporation.

On January 28, 2014, the Plaintiff acquired the claim for the foregoing judgment from Tyman loan, and notified the assignment of the claim to A on behalf of Tyman loan on January 9, 2014.

On February 14, 2014, the Plaintiff was a successor to the Korea Asset Management Corporation and received an execution clause by succession to the above 2010 Gohap1741 decision.

On January 31, 1975, Nowon-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City is the same as Dong, so only parcel number shall be indicated) purchased on February 14, 1975, and completed the registration of ownership transfer on February 14, 1975.

On March 15, 1975, F forest land was divided into E forest land, and the remaining land was converted into land registration due to a change in the lot number and land category as G miscellaneous land.

G Miscellaneous land was divided into H Miscellaneous land on April 7, 1975.

F Forest land: May 1, 1986

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