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(영문) 전주지방법원 2016.04.27 2015가합4336
채무부존재확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s sales contract was concluded 1) A parking lot B 4,598 square meters and C parking lot C 3,236 square meters (hereinafter “each of the instant real estate”) in the former Special Self-Governing Province, Jeonju-gun, the Defendant owned.

under the order of provisional attachment of Jeonju District Court 2009Kadan5126, Jeonju District Court 2009Kadan5126, the filing of an all-round indictment of Jeonju District Court No. 55014, Oct. 6, 2009, the filing of a provisional attachment registration of KRW 260,150,000, and the filing of a provisional attachment registration of

(2) On July 29, 2014, the Plaintiff entered into a sales contract with the Defendant for the purchase price of each of the instant real estate at KRW 1,660,000 (hereinafter “instant sales”). On the other hand, the Plaintiff agreed that “the amount provisionally seized by the Federation of Small and Medium Enterprises shall be deducted from the Defendant at the time of payment of the real estate purchase price to the Defendant: Provided, That the mutual aid amount for the Defendant’s purchase price shall be paid to the Defendant at the time of termination of provisional attachment.”

3) On July 30, 2014, the Plaintiff paid KRW 79,850,000,000,000,000 from the purchase price of this case, deducting KRW 26,150,000,000 from the claim amount of the preceding provisional attachment registration, and completed the registration of ownership transfer in the name of the Plaintiff as to each of the instant real estate on the same day. (B) In accordance with the provisional disposition order issued by the Jeonju District Court 2014Kadan3787, supra, on each of the instant real estate, the Plaintiff filed for provisional attachment registration with respect to each of the instant real estate by the Jeonju District Court 2014,00,000,000,000,000,000,000,000,000,000,000,000,00

2. According to the Jeonju District Court Order 2014Kadan1000714, with respect to each of the instant real estate, the registration of provisional seizure by the creditor of the Small and Medium Business Corporation, which was made by the Jeonju District Court Decision 140625, Nov. 25, 2014 to “307,429,605 won of the requested amount” as the provisional seizure of each of the instant real estate.

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