채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 21, 2006, Nonparty C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).
B. On April 7, 2006, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a sales agency contract with each of the Defendant to sell 200 square meters out of the instant real property at KRW 70,000,000, and on May 18, 2006, the sales agency contract with each of the instant real property to sell 100 square meters out of the instant real property at KRW 35,00,000.
(2) The Defendant paid a total of KRW 75,00,000 to the non-party company as the sales price under each of the instant sales agency contracts.
C. As the representative director of the non-party company, the Plaintiff stated in each of the instant sales agency contracts that “the transfer registration of ownership shall be completed within one month upon cancellation of the land transaction permission zone” in writing, and signed and sealed it next to that.
C On March 22, 2006, in order to secure the Defendant’s claim for the return of the sale price incurred when the sales agency contract of this case becomes null and void or cancelled, C completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) on March 2, 206, in which the Defendant as the Plaintiff was the Defendant.
E. On March 27, 2013, on the instant real estate, E Co., Ltd. completed the registration of ownership transfer in the name of E Co., Ltd.
On the other hand, the Defendant applied for voluntary auction of the instant real estate to Suwon District Court Sung-nam Branch F, upon the registration of the establishment of a neighboring mortgage of the instant real estate, and on March 11, 2015, the said court rendered a voluntary decision to commence the auction (hereinafter “decision to commence voluntary auction of the instant real estate”).
[Based on the recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 5 (including each number), and the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit is made.