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(영문) 서울중앙지방법원 2014.06.10 2013가단227691

면책확인

Text

1. The Plaintiff’s sales contract as of July 12, 2004 with respect to the building indicated in the attached Form KRW 90 million against the Defendant.

Reasons

1. In the Incheon District Court 201Hadan5673 (Bankruptcy), 201Ma5671 (Immunity), the Plaintiff asserted that the Defendant was exempted from all obligations due to the sales contract executed on July 12, 2004 as indicated in the Disposition and sought confirmation of exemption from liability.

2. The plaintiff's claim may be accepted for the following reasons.

At the time of filing an application for bankruptcy or exemption, the Plaintiff entered only the bonds and financial institutions for securing the cost of new construction of buildings under its name in relation to the Seo-gu Incheon, Seo-gu, Incheon, and D's above ground E-ground buildings, which were newly constructed and sold under its name in around 2004, and did not enter the obligation of the buyers including the Defendant (the Defendant is the buyer who signed a sales contract with respect to No. 108 of the above building) in relation to the sale of buildings in lots at all.

However, under the contract for sale in this case, the sale price of this case is 184 million won. While the defendant paid only KRW 90 million to the plaintiff as the down payment, on May 26, 2005, the registration of preservation in the name of the plaintiff and the registration of the right to collateral security with respect to the building in this case was completed on May 26, 2005, and on June 1, 2005, the provisional registration of the defendant who entered into the contract for sale in this case with the defendant on behalf of the defendant was made on June 1, 2005 on the provisional registration of the right to claim ownership transfer under the name of Dong F. The ownership transfer registration was made on February 2, 2010 through the voluntary auction commenced on March 2, 2007, and the agreement was made to pay the remaining amount to the financial institution in lieu of the loan in this case on March 2, 201.