logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.23 2014가합568730
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is as follows: (a) The Plaintiff asserted that the Plaintiff acquired C’s claim against the Defendant for the land use fee (rent) by transfer; and (b) the Plaintiff reduced the claim amount of KRW 350,658,000 to KRW 318,780,000 on September 2, 2015, but did not modify the purport of the claim.

is the case for which payment is sought.

On the premise of fact C, after May 29, 195, the ownership was lost due to the sale by voluntary auction on March 30, 2012.

Of the 1 and 2 floors (1st floor 254.01 square meters, 22.75 square meters, 2nd floor 702.75 square meters, 25 square meters, 204.25 square meters, 60 square meters in evidence No. 6) of the 1, 2nd floor (254.01 square meters in the first floor, 204.25 square meters in the second floor, 10 square meters in the document No. 6294.72, 7363.5 square meters in the land E, E, 56.5 square meters in the 9/18 equity and 117.7 square meters in the G, 207/1276.2 square meters in the above 16 lots, the above divided stores, such as the defendant's share, are dealt with the aggregate buildings in B, together with the other 14 units (general building registration 1, 13 bonds) of the above 16 lots.

The defendant is an organization comprised of those who own the land and buildings within B.

On August 20, 2014, the assignment of claims C transferred KRW 350,658,000 to the Plaintiff from November 2005 to March 2012, 2012, and notified the Defendant of the fact of the assignment of claims on August 28, 2014.

【In the absence of dispute, the grounds for recognition, the entries in Gap's 1, 2, Eul's 5, 6, and 7 (including the number of pages), the issues of the present case, the overall purport of pleadings, and the validity of the assignment of claims by the parties to the plaintiff / [the defendant's assertion] / The assignment of claims to the plaintiff / [the defendant's assertion] is null and void merely for the purpose of litigation without any interest.

The existence of the transferred claim(2) [the plaintiff's assertion] is the defendant's work of managing the land of members such as C and receiving the rent from the market merchants in lieu of the rent.

arrow