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(영문) 대전지방법원 2015.08.28 2014가단201701

채무부존재확인

Text

1. The Daejeon District Court 2013Tari 18188 against the plaintiff's defendant according to the collection order and seizure of the right to lease on a deposit basis.

Reasons

1. Basic facts

A. (1) On August 17, 2010, the Plaintiff was awarded a successful bid for land and buildings listed in attached Table 1 (hereinafter “instant real estate”) in the procedure for compulsory auction on August 17, 2010, and completed the registration of ownership transfer in the name of the Plaintiff on August 26, 2010.

(2) On February 22, 2008, C completed the registration of the establishment of chonsegwon (Seoul District Court No. 9218, Feb. 22, 2008) with the deposit money of KRW 60 million as shown in the attached Table 1 as to the instant real estate. D completed the registration of the establishment of chonsegwon (Seoul District Court No. 9218, Apr. 22, 2009) with regard to the registration of the establishment of chonsegwon, which changed the person having chonsegwon from C to D due to a transfer contract on April 22, 2009 (Seoul District Court No. 45900, Aug. 20, 2009; hereinafter “the registration of the establishment of chonsegwon”).

(3) On October 27, 2011, the Plaintiff filed a lawsuit against D seeking cancellation of the registration of the instant chonsegwon as Daejeon District Court 201Ga4142. On the grounds that the registration of the instant chonsegwon was made in collusion with D and E and C, the former owner of the instant real estate without the intention of establishing the said chonsegwon, the Plaintiff sentenced D to comply with the procedure for cancelling the registration of the instant chonsegwon. D’s appeal and appeal were all dismissed, and the said judgment became final and conclusive on January 24, 2013.

B. (1) On January 14, 2010, the Defendant filed an application for provisional seizure of the claim against D’s security deposit deposit amounting to KRW 60 million (hereinafter “instant security deposit claim”) with the Daejeon District Court Decision 2010Kadan8773, which was issued on January 14, 2010, with the Defendant’s order of seizure and collection of the right to lease on a deposit basis (hereinafter “instant security deposit”). The Defendant was issued a provisional seizure order on December 27, 2010.

(2) The Defendant filed an application with the Daegu District Court for a payment order on the instant loan claims with the Seoul District Court Decision 2012j60, and “D” from the above court to the Defendant.