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(영문) 대전지방법원천안지원 2019.01.11 2018가합667
채무부존재확인
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The plaintiff's request for the cancellation registration is dismissed.

3...

Reasons

1. Basic facts

A. On August 29, 2016, the Plaintiff completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the real estate of 1,688 square meters (hereinafter “instant real estate”) in Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court on August 26, 2016 as the receipt of the instant mortgage contract on August 29, 2016, under Article 78908 of the Daejeon District Court’s Incheon District Court’s 78908 (hereinafter “instant mortgage contract”). The Plaintiff completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) against the Defendant of the Plaintiff and the mortgagee.

B. On July 13, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate by reason of the trust held on July 10, 2017 with respect to D Co., Ltd.

C. On August 31, 2017, the Defendant filed an application for voluntary auction based on the instant right to collateral security, and on September 11, 2017, the voluntary auction (Sacheon Branch E in the Daejeon District Court; hereinafter “instant voluntary auction”) regarding the instant real estate was commenced.

The instant real estate was sold in KRW 3,250,00,000 from the instant voluntary auction on May 23, 2018, and was rendered a final decision on May 30, 2018.

On June 5, 2018, the Daejeon District Court rendered a decision to suspend compulsory execution by 2018Kaman43.

E. On December 14, 2017, F, the Plaintiff’s intra-company director, deposited KRW 100,000,000 as the cause of deposit, such as the attached Table 1, with the Defendant as the principal deposit (U.S. District Court No. 2345, Jun. 2, 2017; hereinafter “first deposit”).

F. On April 11, 2018, the Defendant reserved the amount of KRW 100,000,000 for the first deposit, and withdrawn from the Republic of Korea.

G. On June 1, 2018, F, the Plaintiff’s in-house director, deposited KRW 405,556,560 as the fact that the Defendant was deposited as the principal deposit and deposited KRW 405,56,560 as indicated in attached Table 2 (Seoul District Court No. 1147, Jun. 1, 2018; hereinafter “second deposit”).

H. On June 14, 2018, the Defendant paid KRW 405,556,560 to the Defendant for reservation.

[Reasons for Recognition] Unsatisfy, and in the case of Gap evidence 1 to 4, the number shall include the branch number;

(c).

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