logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.11 2018가단5244610
양수금
Text

1. To the extent of the property inherited from the deceased C:

A. Defendant B: 96,582,840 won and 58,98.

Reasons

1. Facts of recognition;

A. The Plaintiff is a specialized securitization company established under the Asset-Backed Securitization Act.

The Defendants, as the spouse (Defendant B) or children (Defendant D) of the deceased deceased on December 29, 2015, are co-inheritors together with E (FB withdrawal) who is another child.

B. On September 7, 2006, G Co., Ltd. (hereinafter “Nonindicted Bank”) entered into a transaction agreement with the net C on a loan amounting to 540,000,000 won, and on September 7, 2026, with the expiration date of the loan, general household installment loan (hereinafter “instant loan”) and lent the amount on the same day to the net C.

According to the terms and conditions of credit transaction applicable to the loan agreement of this case, the net C, if delayed the repayment of the loan of this case to the non-party bank, was to lose the profit of the time limit for the loan of this case and to repay the entire amount of the loan.

On the other hand, the non-party bank obtained the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 648 million in relation to H apartment I (hereinafter “the apartment of this case”) in the Gyeonggi-si District of Gyeonggi-si owned by the network C on the same day from the network C.

C. Around February 22, 2013, the deceased C did not repay the instant loan obligation, and Nonparty C filed an application for voluntary auction on the instant apartment with the Suwon District Court J around February 22, 2013 (hereinafter “instant auction”).

On June 20, 2013, in the process of the instant auction procedure, Nonparty Bank sold the instant loan claim against K Co., Ltd. to the net C. D.

On June 27, 2013, with the consent of the non-party bank, the Plaintiff entered into a contract with K Co., Ltd. under which the Plaintiff would be entitled to acquire the status of purchaser of the claim sales contract as of June 20, 2013 and received the transfer of the instant loan claim against the deceased C.

The Plaintiff notified the net C of the transfer of claims in accordance with Article 7 of the Asset-Backed Securitization Act.

On December 20, 2013, the Plaintiff distributed dividends of KRW 457,807,344 in the distribution procedure for the instant auction on December 20, 2013.

arrow