채무부존재확인
1. On May 21, 2019, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 307,466,764 and KRW 267,00,00 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 19, 2016, the Plaintiff’s spouse: (a) completed the registration of ownership transfer in the name of the network C with respect to the registration of ownership transfer with respect to the land of 579 square meters and E road of 16 square meters (hereinafter collectively referred to as “instant land”); (b) on the same day, the Plaintiff’s spouse completed the registration of ownership transfer with respect to the land of 16 square meters in the name of the network C, the mortgagee, the Defendant, the maximum debt amount, KRW 152,100,000.
In addition, on February 29, 2016, the network C completed the registration of creation of superficies over the above land with superficies over the defendant with superficies and the duration of 30 years.
B. On April 7, 2016, the deceased on April 7, 2016, the Plaintiff inherited the deceased C’s property solely, and accordingly, the Plaintiff is the Plaintiff.
The registration of change is completed with respect to the registration of establishment of a neighboring mortgage mentioned in the port to the plaintiff on the ground of inheritance.
C. On September 6, 2016, the Plaintiff and the Defendant drafted a loan agreement under which the Plaintiff wishes to receive a loan from the Defendant, setting forth KRW 267,00,00 as the construction fund for multi-household houses to be newly built on the instant land as the date of loan commencement on September 9, 2016; the date of loan maturity on September 9, 2018; and 6.5% per annum on interest.
Accordingly, the Defendant paid to the Plaintiff KRW 66,750,000 on September 9, 2016, and KRW 66,750,000 on December 20, 2016, and KRW 40,050,00 on December 30, 2016, and KRW 53,400,000 on January 26, 2017, and KRW 26,70,000 on June 1, 2017, and KRW 267,00,000 on total.
(hereinafter referred to as the “instant loan,” and the said loan agreement is referred to as the “instant loan agreement”). D.
The Plaintiff sold the instant land to F on April 19, 2017, and completed the registration of ownership transfer on the instant land in the future on May 4, 2017.
E. Multi-household housing (hereinafter “the instant loan”) was completed on the instant land, and on January 31, 2018, the registration of ownership preservation was completed in the F future on the said loan on January 31, 2018, and on January 29, 2018 upon request of G, a creditor of F, the provisional disposition (U.S. District Court 2018Kadan247).