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(영문) 수원지방법원 2015.06.02 2014가단505532
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) around July 10, 2008, the National Bank Co., Ltd. (hereinafter “National Bank”) granted a loan of KRW 253,000,000 to B (hereinafter “instant loan”). The instant loan claims against B were transferred from the National Bank to the Joint Asset Management Co., Ltd. on December 4, 2012, and on December 28, 2012, from the Joint Asset Management Co., Ltd., Ltd., respectively, to the Plaintiff. On January 2, 2013, the National Bank notified the National Bank of the fact of the said assignment of claims by way of content-certified mail.

(2) A national bank and the plaintiff may not set up against the debtor unless the transferor (including the truster; hereinafter the same shall apply) or transferee (including the trustee; hereinafter the same shall apply) notifies the debtor of the transfer, trust, or return of the claim pursuant to an asset-backed securitization plan, or the debtor consents thereto.

Provided, That when the transferor or transferee has sent a notice of the assignment of claims (including trust or return of claims; hereafter the same shall apply in this Article) to the address falling under any of the following subparagraphs not less than twice by content-certified mail, but has returned due to the unknown whereabouts, etc., it shall be deemed that he has notified the debtor of the transfer of claims on the date of such public notice by notifying the fact of the transfer of claims in not less than two daily newspapers (including not less than one daily newspaper distributed nationwide) mainly

On January 14, 2013, the fact of transfer and acquisition of the instant loan claims was publicly announced through a nationwide newspaper and a new daily newspaper.

(2) As of October 24, 2013, the principal and interest of the instant loan is KRW 331,486,621 in total.

B. (1) On July 6, 201, B completed the registration of ownership transfer on July 1, 201, with respect to the land of Kuung-gu Seoul (hereinafter “instant land”). On July 11, 2008, the national bank constituted the maximum debt amount of KRW 328,90,000, and the debtor B.

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