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1. It was prepared on December 24, 201 by the above court with respect to the voluntary auction case of the real estate C with Busan District Court Dong Branch C.
Reasons
1. Basic facts
A. The Plaintiff’s status (1) In order to secure the claim against D, the Industrial Bank of Korea completed the registration of the establishment of a collateral security right of KRW 120,000,000 on June 29, 2017 with respect to E and F’s joint ownership of E and F, the representative of D Co., Ltd. (hereinafter “instant real estate”).
(2) The Industrial Bank of Korea, upon the failure to pay the debt to D, received a decision of voluntary auction commencement (this court C) on September 5, 2018. On December 5, 2018, the Industrial Bank of Korea concluded a contract on the transfer of assets to D to Nonparty I Co., Ltd. for “a contract on the transfer of assets”. On December 27, 2018, the said I Co., Ltd entered into a contract on the transfer of assets between the Industrial Bank of Korea (the transferor) and the Plaintiff, and transferred the said assets to the Plaintiff as the transferee under the contract.
Accordingly, on December 11, 2018, the Plaintiff filed an application for registration of asset-backed securitization with the Financial Supervisory Service, sent the notice of transfer of claims to D Co., Ltd. twice, and publicly notified the transfer of claims in daily newspapers, thereby satisfying the requirements to oppose the transfer of claims to D Co., Ltd., and acquired the aforementioned right to collateral security.
B. (1) On July 21, 2016, the J bank loaned 150,000,000 won to E as a general loan for household (hereinafter “the instant primary loan”) and on August 3, 2016, 150,000 won as a loan for household general loan for the instant secondary loan (hereinafter “instant secondary loan”). On August 3, 2016, the creditor J bank, the maximum amount of 172,70,000 won for the instant real estate (hereinafter “instant neighboring mortgage”) was set up on August 3, 2016.
(2) On May 29, 2019, J bank entered into a contract for acquisition of assets including claims and security against the above E with Nonparty K Co., Ltd., and on June 27, 2019, Defendant, K, and J bank transferred its assets to the Defendant from K to the Defendant under the contract.