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(영문) 청주지방법원 2016.11.24 2016가합21268

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) Savings Bank, the Bankrupt Savings Bank, and the Bankrupt Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land listed in paragraph (1) of the attached Table No. 1 (hereinafter “each land of this case”) among the incorporated foundation established for the purpose of creating and operating a park cemetery, and the non-party UPC Co., Ltd. (hereinafter “UPC”) is the person who performed the creation of a park cemetery on each land of this case.

(hereinafter referred to as “instant park cemetery”) B.

The Plaintiff, U.S.FC, Defendant AWC, and Daejeon Mutual Savings Bank, Inc. (hereinafter “Defendant AB Savings Bank”), and Daejeon Mutual Savings Bank, Inc. (hereinafter “Seoul Mutual Savings Bank”), have borrowed the construction cost necessary for the creation of the instant park cemetery from the Defendants. The Plaintiff jointly and severally guaranteed the obligation of the said loan, and the Plaintiff entered into an agreement on July 19, 2004 with the purport of providing Defendant AB Savings Bank and Daejeon Mutual Savings Bank with the right to graveyard sale (hereinafter “instant cemetery sale right”) as a security for transfer (hereinafter “instant transfer contract”). The Plaintiff was certified as a notary public, etc. on July 19, 2004.

C. Article 25 of the Plaintiff’s articles of incorporation provides that “When acquiring, selling, donating, receiving, securing, exchanging, replacing, or disposing of fundamental property of this corporation, the board of directors shall obtain permission from the Do Governor after a resolution of at least 2/3 of the registered directors at the board of directors at the board of directors at the board of directors.” The Plaintiff’s articles of incorporation is listed in

The Plaintiff passed a resolution of the board of directors on July 19, 2004 regarding the instant transfer security agreement, but did not obtain permission from the Governor of Jeollabuk-do.

E. Daejeon Mutual Savings Bank was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

Daejeon Mutual Savings Banks and the Korea Deposit Insurance Corporation that are trustees in bankruptcy shall be divided.