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(영문) 의정부지방법원 고양지원 2018.09.07 2017가합76510

채무부존재확인

Text

1. The Plaintiff’s order for the attachment and collection of the claim No. 2017TTT 11073 against the Defendant was based on the Goyang Branch of the District Court.

Reasons

1. Basic facts

A. On March 26, 2010, the Plaintiff borrowed KRW 650 million from the Mine Agricultural Cooperative (hereinafter “instant loan”). On March 26, 2010, C, the Plaintiff’s attached, as the Plaintiff’s attached, made a registration of creation of mortgage with respect to each real estate (hereinafter “instant real estate”) owned by C on March 26, 2010, with respect to the obligor, the maximum debt amount of KRW 845 million, to the luminous Agricultural Cooperative.

B. On September 15, 201, C entered into a contract with D to sell the instant real estate amounting to KRW 1,000,000,000,000, and D agreed to take over the instant loan obligations and deduct them from the purchase price, and completed the registration of ownership transfer on the said real estate to D on November 6, 201. On January 2, 2012, D acquired the instant loan obligations against the Mine Agricultural Cooperative and on the same day.

The registration of the change of the right to collateral security was completed with the content that the debtor changes from the plaintiff to D with respect to the registration of the establishment of collateral security.

C. Accordingly, on November 8, 2017, the Defendant received a collection order (hereinafter “instant collection order”) against the Plaintiff as follows: (a) based on the executory exemplification of the judgment rendered in the case of Jyyang Branch of the Jyyang Branch of the District Court 2010 Ma11385, the claim amounting to KRW 300 million, the obligor C, and the third obligor; (b) based on the executory exemplification of the judgment rendered in the same court; and (c) based on the seizure and collection order against the Plaintiff (hereinafter “instant seized claim”); and (d) the above collection order reaches the Plaintiff around that time.

The third obligor Co., Ltd provided a security to the third obligor, and the third obligor Co., Ltd was granted a loan of KRW 845,00,000 from the Gwangju Agricultural Cooperative to the third obligor, and the said secured loan was sold to D and purchased to the said real estate, and the said secured loan was also contracted and deducted from the purchase price. Accordingly, the obligor C’s subrogation claim and other claims owed by the third obligor Co., Ltd to