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(영문) 부산고등법원 2019.11.13 2019나51409
채무부존재확인
Text

1.The judgment of the first instance, including the primary claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. 1) D is a party’s status from around 2002 to 2006, the Busan District captain I (hereinafter “instant project district”).

(2) The housing site development project (hereinafter referred to as the “instant project”)

A) A person, who was in force on October 27, 2009, is H Co., Ltd. (hereinafter “H”) running an engineering work business from around October 27, 2009 to the present day.

(2) E is a person registered as an internal director on the corporate register of H from October 27, 2009 to October 27, 2009.

3) The Plaintiff is a person registered as an internal director on the H’s corporate register from October 27, 2009 to October 27, 2009. (4) The Defendant is a creditor who has monetary claims against D in relation to the land allotted by the authorities in recompense for development outlay in the instant business district (hereinafter “instant land allotted by the authorities in recompense for development outlay”).

B. 1) From November 2002 to July 2006, the Defendant paid D totaling KRW 145,240,000 from the date of payment of purchase price for the land allotted by the authorities in recompense for development outlay and the loan for the project of this case. 2) D did not transfer the ownership of the land allotted by the authorities in recompense for development outlay to the Defendant from the date of 2008 and did not repay it to the Defendant. The Defendant filed a complaint with the investigation agency against D on the charge of fraud. On April 24, 2009, the investigation agency filed a complaint against D with the investigation agency on the charge of fraud. Although D was not able to repay it even if it was authorized to dispose of the land allotted by the authorities in recompense for development recompense for development outlay and from the other person and was not able to repay it, it was indicted by deceiving the Defendant to receive a total of KRW 145,240,000 from the Defendant or the loan for the project of this case.

relevant. (hereinafter referred to as "related."

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