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(영문) 의정부지방법원 2020.12.16 2019가단103287
채무부존재확인
Text

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

The Plaintiff (Counterclaim Defendant) is charged with KRW 50,000,000 to the Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

A. On May 4, 2017, the Defendant lent KRW 50,000,00 to Nonparty F, and the Defendant and F drafted a notarial deed stating that the obligee is the Defendant, debtor F, the amount of claim KRW 50,000,000 on the same day.

B. G, while acquiring the F’s business on February 28, 2018, upon acquiring the F’s business, assumed the F’s obligation to the Defendant.

C. On March 27, 2018, G created a right to collateral security, with respect to the H river site owned by the Plaintiff, the head of Sejong-si, the Defendant, the maximum debt amount of which is KRW 50,000,000, with respect to the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 1448 square meters (hereinafter “sub-si land”).

On August 28, 2018, the Defendant filed an application for provisional attachment of the claim against J, etc. of I Co., Ltd. (hereinafter referred to as “I”) substantially operated by G to the same year.

9.7. The decision of provisional attachment was rendered by the Cheongyang-si District Court of South Korea (2018Kadan708).

E. On August 30, 2018, the Defendant applied for a voluntary auction on the land at Sejong City and rendered a voluntary decision to commence the auction to K in Daejeon District Court.

F. On September 14, 2018, G created, with respect to the real estate owned by the Plaintiff (hereinafter “instant real estate”), the establishment registration of the collateral security (hereinafter “registration of the instant real estate”) with respect to the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 77,900,000, which is set forth as the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW

G. On September 14, 2018, the Defendant applied for the cancellation of the attachment (2018Kadan708). On September 14, 2018, the Defendant withdrawn the application for voluntary auction of the land at Sejong on the 18th of the same month. On the same day, the Defendant cancelled the registration of the establishment of the neighboring land at Sejong City in consultation with G.

H. G: (i) October 15, 2018; (ii) November 15, 2018; and (iii) December 14 of the same year; and (iv) January 15, 2019;

2. 15.15.2

3.15.15. The same year;

4.16.16. The same year.

5.14. 14. 14.

6. Each of the 18. 2,000,000 won was remitted to KRW 18,000,000,000, and paid KRW 27,965,222 on September 16, 2019 by remitting KRW 9,965,222.

[Ground of recognition] Unsatisfy, Gap's 1 to 4, 6, 8, 9, 10, 13.

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