채무부존재확인
1. The plaintiff's notary public against the defendant is based on the notarial deed of debt repayment contract No. 753 of 2012.
1. Basic facts
A. The relationship C and D between the parties are friendship-gu, and C provided D’s real estate as security for C, as seen below, and agreed to purchase it.
The plaintiff is the omission of wife E.
The defendant is the father of D.
B. On October 21, 2010, the first right to collateral security C with respect to the instant real estate: (a) requested D to provide “572 square meters of the F. 572 square meters of the window at Changwon-si Co., Ltd. (hereinafter “the instant real estate”) owned by D as a collateral for the third party, which is one of its customers; (b) paid KRW 500,000 per month to D; and (c) agreed to cancel the registration of the establishment of the instant real estate within two years.
D Upon C’s request as above, on October 21, 2010, the debtor C, the mortgagee Co., Ltd., and the maximum debt amount of 100 million won were set up regarding the instant real estate.
C. On October 9, 2012, C and C concluded a sales contract to purchase the instant real estate at KRW 80,000,000, while C and C did not cancel the registration of the establishment of the neighboring real estate established as above.
(However, the buyer decided to enter into the instant sales contract under the name of E (hereinafter “instant sales contract”). C paid D the down payment of KRW 8,000,000 on October 10, 2012, and paid KRW 6,900,000 as part of the intermediate payment on November 26, 2012.
On October 9, 2012, D, upon C’s request after the conclusion of the above sales contract, set up a new collateral of KRW 150 million with respect to the instant real estate, with regard to the debtor C, B, G, and the maximum debt amount.
E. As the preparation C of the instant notarial deed did not pay the purchase price, the Defendant demanded C to guarantee the guarantor’s guarantee by demanding C to pay the purchase price.
Accordingly, C, the plaintiff and the defendant on December 14, 2012 were the debtor and the plaintiff on December 14, 2012 by a notary public under the Eastern Law Firm No. 753.