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(영문) 서울남부지방법원 2015.11.27 2015가단46755

채무부존재확인

Text

1. As to real estate listed in the annex list:

A. On July 21, 2010, Seoul Southern District Court Gangseo-gu Office of Registry of the Seoul Southern District Court was received.

Reasons

1. Facts of recognition and judgment

A. On July 20, 2010, the plaintiffs borrowed money from the defendant B on July 20, 2010, and ordered 33 million won of the maximum debt amount on the real estate stated in the separate sheet attached to the plaintiffs' joint owners.

On November 6, 2014, the right to collateral security stated in the claim was established and repaid all the borrowed money.

In addition, on December 29, 2010, the plaintiffs borrowed money from the defendant C on December 29, 2010, and ordered the whole amount of the plaintiff D's share among the above real estate No. 1-B.

The plaintiffs set up the right to collateral security stated in the claim, but the plaintiffs paid all of them in installments as agreed until March 24, 2011.

On the other hand, on July 31, 2014, the ownership transfer registration was completed in the name of the above F on April 10, 2015 after the Seoul Southern District Court rendered a decision of permission for sale to the highest bidder F.

During the process of the above voluntary auction, the order No. 1 A.

On November 7, 2014, the right to collateral security stated in paragraph (1) was cancelled due to termination, and the order No. 1-b.

The right to collateral security stated in paragraph (1) was cancelled as the sale price was fully paid.

[Grounds for Recognition: Plaintiffs and Defendants B - Article 150(1) of the Civil Procedure Act, Plaintiffs and Defendants C-1 through 5, the purport of the whole pleadings]

B. According to the theory of lawsuit, Article 1-A of the Disposition on the real estate listed in the separate sheet

The plaintiffs secured by the right to collateral security set forth in paragraph (1) against the defendant B and the 33 million won debt and the 1-B of the order.

There is no obligation of 6 million won to the defendant C, which is secured by the right to collateral security as stated in the paragraph.

2. If so, each of the plaintiffs' claims against the defendants against the defendants is justified, and it is so decided as per Disposition.