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(영문) 서울중앙지방법원 2017.02.09 2016가단47353
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 3, 2002, the Defendant obtained a loan of KRW 50,000 (hereinafter “instant loan or one loan agreement”) from the National Agricultural Cooperative Federation (the Nonghyup Bank was changed to the NongHyup Bank Co., Ltd.; hereinafter “ Nonghyup Bank”) without offering a security.

B. On July 27, 2004, B entered into a loan agreement of KRW 131 million and KRW 16 million with the Nonghyup Bank (hereinafter the above loan agreement of KRW 130 million and the above agreement of KRW 131 million and the above loan agreement of KRW 1600,000,000, respectively, and entered into a loan agreement of KRW 1600,000 with the said loan agreement of KRW 30,000,000,000,000,000,000,000,000,000,00

8. With respect to the instant loans 2, 10.10. As to the instant loans 302, Dobong-gu Seoul Metropolitan Government (hereinafter “instant building”), the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 157.2 million was completed, and with respect to the instant loans 3, with the maximum debt amount of KRW 1227.2 million as to the instant loans 303, the registration of the establishment of a neighboring mortgage (hereinafter “each of the instant mortgages registration”) was completed.

C. The Defendant purchased the instant real estate from B and completed the registration of ownership transfer on March 12, 2010, and on June 27, 2012, upon the consent of the Nonghyup Bank, acquired the debtor status under the instant 2 and 3 loans agreement with respect to the Nonghyup Bank in this case, and acquired the debtor status under the same year.

7.4. The debtor of each of the instant right to collateral security in the instant case completed the registration to change the defendant B.

When the Defendant delayed the repayment of the instant 2 and 3 loans, the Nonghyup Bank received a voluntary decision to commence the auction (Seoul Northern District Court D) on January 28, 2014 regarding the instant 302 and 303 of the building (hereinafter “instant real estate”).

On March 28, 2014, in accordance with the Asset-Backed Securitization Act, the Nonghyup Bank transferred to the Plaintiff the right to collateral security loans (hereinafter “the instant loan loans”) under the instant 2 and 3 loans agreement.

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