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(영문) 창원지방법원밀양지원 2014.05.16 2013가합736

채무부존재확인 등

Text

1. As to the Changwon Branch C and D real estate auction case, the said court drafted on October 10, 2013.

Reasons

1. Basic facts

A. On October 25, 2010, Nonparty 2: (a) borrowed KRW 600,000,000 from Nonparty E in order to use the F real estate as a bid bond for the auction in the Seoul Southern District Court G real estate auction case (hereinafter “F auction case”) on the F real estate located in Guro-gu Seoul.

(hereinafter referred to as “the instant loan”). (b)

On the same day, the Plaintiff guaranteed the above loan debt, and on October 26, 2010, completed the registration of creation of a mortgage over the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) as the collateral, with respect to the real estate owned by the Plaintiff on October 26, 2010.

C. On August 3, 2011, H completed the supplementary registration of the transfer of right to collateral security on the ground of the transfer of confirmed claim on April 1, 2011, and E again completed the supplementary registration of the transfer of right to collateral security on the ground of the transfer of confirmed claim on May 13, 2013 to the Defendant on May 10, 2013.

On October 10, 2013, the court issued an objection against the instant real estate amounting to KRW 2,829,530,000 to the Defendant of the right to collateral security, and KRW 1,00,000,00 to the Defendant of the right to collateral security, and KRW 25,840,978 to the Plaintiff, the debtor and owner of the right to collateral security, respectively, on the same day. The Plaintiff raised an objection against the total amount of dividends to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 to 7, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) borrowed the above 600,000,000 won for three months to use as the bid bond for the F auction, and (1) during auction, the principal and the contingent honorarium 800,000,000.