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(영문) 대전지방법원천안지원 2017.07.21 2016가합519
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 15% per annum from June 3, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On November 17, 2009, the Defendant purchased from Chungcheongbuk-gun D Aggregate Building E (hereinafter “instant building”) and, in order to complete the registration of ownership transfer under the Defendant’s name as to the said building, the seller on the report of real estate transaction contract in which the purchase price was KRW 400 million is stated in G, but there is no dispute between the parties as to the fact that the seller of the said building at the time is C.

(A) The certificate No. 16, hereinafter referred to as "the report of this case") was prepared and submitted to the petitioner head of the Gun, and the certificate of completion of the real estate transaction contract (Evidence No. 17) was issued by the petition head of the Gun, and the registration of ownership transfer was completed on November 19, 2009 under

(B) The sales contract between the Defendant and C on the instant building is called “instant sales contract.”

At the time of the instant sales contract, the Defendant and C agreed to substitute the secured debt under the name of the F Cooperatives established on the instant building for the Defendant’s acceptance. Accordingly, on January 12, 2010, the Defendant acquired the secured debt of the said secured debt under the name of the F Cooperatives.

C. On March 5, 2012, the Plaintiff leased KRW 290 million to C, but was unable to receive the said loan claims until August 30, 2012, which was the date of the final repayment. On April 12, 2016, the Plaintiff entered into a credit acquisition agreement with C to transfer the remainder of the purchase price claim under the instant sales contract, which C had against the Defendant, to the Plaintiff (hereinafter “instant credit transfer agreement”).

C On May 4, 2016, the notice sent to the Defendant stating the assignment of claims, and the notice sent to the Defendant around that time.

[Ground of recognition] The fact that there is no dispute, Gap, 1, 7, 8, 16, 16.

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