채무부존재확인
1. Of the principal lawsuit of the judgment of the court of first instance, the part against the Defendant-Counterclaim Plaintiff, Inc. is revoked, and the part is revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The court's explanation on this part of the basic facts is identical to the corresponding column of the judgment of the court of first instance, except for the cases where the court renders a second to eleven (B) of the judgment of the court of first instance as follows. Thus, the court cites this part as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“B. The Plaintiff, U.S. F&C, and the Defendant AB Savings Bank (former mutual savings bank: one of the mutual savings banks; hereinafter “Defendant AB Savings Bank”).
) Daejeon Mutual Savings Bank Co., Ltd. and Daejeon Mutual Savings Bank (hereinafter referred to as " Daejeon Mutual Savings Bank")
(1) On July 19, 2004, the Plaintiff: (a) obtained each loan from the Defendant Ap&C and Daejeon Mutual Savings Bank for the construction cost, etc. necessary for the creation of the instant park cemetery (hereinafter “Defendant Ap&C”); (b) concluded an agreement between the Plaintiff and the Daejeon Mutual Savings Bank for the transfer of security agreement between the Plaintiff and the Daejeon Mutual Savings Bank to provide Defendant Ap Savings Bank and Daejeon Mutual Savings Bank with the right to purchase the graveyard of the instant park cemetery (hereinafter “instant right to purchase the graveyard”) while jointly and severally conducting the above loan obligations; and (c) obtained certification as the said agreement between the Plaintiff and the Plaintiff and the Daejeon Mutual Savings Bank for the transfer of security agreement between the Plaintiff and the Daejeon Mutual Savings Bank for convenience, with the content that “the instant transfer of security agreement between the Plaintiff and the Daejeon Mutual Savings Bank”, and each of the above transfer of security agreement between the Plaintiff and the Daejeon Mutual Savings Bank as a notary public, etc. < Amended by Act No. 7532, Apr. 32, 2004>
2. Summary of the parties' arguments
A. Each of the instant lands is the Plaintiff’s fundamental property, and the offer of cemetery allotment right to each of the instant lands constitutes an act of disposal of fundamental property, and thus, each of the instant contracts for transfer security, which was made without permission from the competent authority, is null and void.
Therefore, the plaintiff according to each transfer contract of this case.