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(영문) 수원지방법원 2017.03.02 2016가단39541

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The claims filed by Suwon District Court 2015,100,000.

Reasons

1. Basic facts

A. B and the Defendant purchased, on March 17, 2010, real estate listed in the separate sheet (hereinafter “instant apartment”) from D as the husband and wife who reported a marriage on January 12, 2007, at KRW 324,000,000, and completed the registration of ownership transfer as to each of the instant apartment units on April 15, 2010.

B.1) On May 3, 2010, E companies and their deputyF, the representative director, jointly issued and delivered three copies of promissory notes causing KRW 100 million at each face value to G, and on the same day, the said three copies of promissory notes were written. 2) On May 3, 2010, B, who is F’s father, issued and delivered three copies of promissory notes causing KRW 100 million at each face value to G, and on August 6, 2010, the said three copies of promissory notes were written.

3) On August 7, 2010, H lent KRW 300 million to G as of August 31, 2010, with interest rate of KRW 12% (from the Do of repayment and the date of full payment) as of August 31, 201, G transferred the claim for the promissory note payment to H on March 15, 201 in accordance with the method of transferring the nominative claim, and issued the said promissory note to H, and notified the transfer of the said obligation to B. D. F. The F is the soup bank of this case (hereinafter “the soup bank”).

(D) During the auction procedure of the original real estate M&D branch of the Chuncheon District Court, it agreed to purchase the said real estate under the name of B with the burden of the purchase price of the said real estate. The F paid KRW 1.25 million for the sale price after obtaining a decision to permit the sale under the name of B pursuant to the above agreement, and completed the registration of ownership transfer in the name of B as to the soup and soup of the instant case around August 25, 2010. D. As to the soup of the instant case, on August 25, 2010, the National Federation of Fisheries Cooperatives (Korea Asset Management Corporation, January 25, 2012), the debtor B, and the maximum debt amount of KRW 1.492 million, and H/D on September 7, 2010.