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(영문) 인천지방법원 2017.02.08 2016가단216112

채무부존재확인

Text

1. C does not have any obligation for the construction cost as to each real estate listed in the separate sheet against the Defendant.

Reasons

1. Basic facts

A. On September 10, 201, C prepared a statement of accounts receivable to the Defendant that the Defendant would pay KRW 200,000,000 if the unpaid construction cost was not paid by August 30, 2012, as indicated below (hereinafter referred to as “the instant table”), and as a whole, C would make up for five times the interior repair works of each of the real estate listed in the attached table owned by C (hereinafter referred to as “instant real estate”). Accordingly, C would make a statement of accounts receivable that the Defendant has the obligation to pay KRW 170,00,000,000.

On September 15, 2007, 1000, 200,000 20,000,000,000 on July 1, 2008, 15, 2008, 65,000,000 36,000,000 on July 1, 2009 36,800,000 44,000,000 46,000 on July 5, 2010, 46,000,000 35,000,000 on July 46, 200, 35,000 on July 5, 2010, 2005 45,000,000, 35,00035,000,0000 on July 1, 200,000

B. On August 30, 2012, the Defendant: (a) attached a lien notice to the entrance of the instant real estate, stating that “the Defendant is in possession of the Defendant from August 30, 2012 as the outstanding amount for the payment of the construction price,” and made it impossible to enter the entrance by installing a correction device at the entrance.

C. On November 22, 2012, the decision on voluntary auction was rendered to the Incheon District Court E regarding the instant real estate. D.

Around June 2013, the Defendant filed an application with Suwon District Court for a payment order of KRW 200,000,000 for the said contract price as agreed upon by the said court on June 20, 2013. On June 20, 2013, the Defendant received a payment order from the said court for “C shall pay KRW 200,000,000 to the Defendant and its delay damages.” On July 10, 2013, the said payment order became final and conclusive.

E. On October 14, 2013, the Plaintiff won the instant real estate at the above auction procedure with respect to the instant real estate, and completed the registration of ownership transfer on the same day.

F. During the period from October 18, 2013 to October 20, 2013, the Plaintiff is a corrective device installed by the Defendant in the instant real estate.