채무부존재확인
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. If the legal meaning of the act of the mortgagee and the mortgagee of the right to collateral security is not clear, it is not a simple fact-finding but a matter of interpretation of intent.
The legal meaning of the act should be reasonably interpreted in accordance with logical and empirical rules by comprehensively considering the relationship between the mortgagee and the mortgagee of the right to collateral security, the motive and background of the establishment of the right to collateral security, the genuine intent and purpose of the
(See Supreme Court Decision 2014Da32007 Decided November 27, 2014). 2. On the grounds delineated below, the lower court deemed that the Plaintiff, who was the mortgagee of the right to collateral security, did not bear the obligation of KRW 90 million as the secured obligation of the instant right to collateral security against B.
(1) B, I, and J (hereinafter “B, etc.”) and D are C and K’s children, and the Plaintiff is D and F’s children.
C donated the instant real estate to ASEAN, and as D died, the Plaintiff and F inherited the instant real estate.
Although Plaintiff and F attempted to sell the instant real estate to H et al., they opposed that “B et al. donated the instant real estate under the condition that D et al. imitates C and K, whose parents are parents, and if disposed of, it would be no longer a place where C and K reside.” The Plaintiff and F agreed to a sales contract with H et al.
In formulating the agreement dated December 13, 2015 and the agreement dated December 28, 2015 (hereinafter “each of the instant agreements”), the Plaintiff agreed to pay C KRW 269 million to C. B, etc., on January 7, 2016, the registration of creation of a neighboring mortgage of this case was completed with respect to the instant real estate as of KRW 270 million with the maximum debt amount.
The defendant, based on the payment order finalized against B, voluntarily auction the real estate of this case after receiving a claim seizure and collection order against B with respect to the claim of the collateral security right of this case against the plaintiff of this case.