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(영문) 수원지방법원 평택지원 2018.04.04 2017가단7083

채무부존재확인

Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3. This Court.

Reasons

1. Basic facts

A. On September 26, 2011, the Plaintiff entered into a mortgage agreement with the Defendant to establish a collateral security right with regard to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), whereby the Defendant, the debtor, the Plaintiff, and the maximum debt amount are KRW 30,000,000, with regard to the real estate indicated in the separate sheet owned by the Plaintiff, and completed the registration of the establishment of the collateral security right pursuant to the Suwon District Court’s Ansan Registry No. 38654, Sept. 26

(hereinafter “instant collateral security”). B.

On May 24, 2017, the Defendant, exercising the right to collateral security, filed an application for commencement of voluntary auction based on the instant right to collateral security with this court C, and the decision to commence the auction was completed.

(hereinafter “Voluntary Auction”) C.

On March 20, 2012, the Plaintiff filed an application for individual rehabilitation with Suwon District Court No. 2012 23710 on March 20, 2012 for the commencement of individual rehabilitation proceedings against the Plaintiff and the confirmation of the claim against the Defendant for the same year.

5. 24. The decision on commencement thereof was made to the defendant and the same year is made to the defendant.

6. 19. A list of individual rehabilitation creditors and a draft repayment plan containing repayment for a period of 60 months has been served, and no objection has been raised thereto within 30 days from the date on which the defendant is served with the list, and the same year;

8.3. A public notice of the decision to authorize a repayment plan was given, and the Plaintiff filed an application for immunity on May 23, 2017 when full repayment was completed for 60 months.

(hereinafter “Personal Rehabilitation”) D.

(1) The Defendant’s claims indicated in the repayment plan and the list of creditors regarding the Defendant’s claims are classified as non-performance claims based on the instant right to collateral security, on the premise that the sum of the claims is KRW 30,000,000, which are expected to be repaid with the right to foreclose outside bankruptcy, etc. under the premise that the amount of claims is equal to the maximum debt amount of the instant right to collateral security, and the amount of claims that cannot be repaid with the exercise of the right to foreclose outside bankruptcy is classified as KRW 9,40,000.

Since then, the amount of reimbursement for each creditor in the above individual rehabilitation procedure is estimated.