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Reasons
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(영문) 수원지방법원여주지원 2016.09.27 2015가단9846
채무부존재확인
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1. The Defendant received KRW 13,00,000 from the Plaintiff, and thereafter, on the Plaintiff’s answer 1020 square meters in Echeon-si.

Reasons

1. Basic facts

A. On November 1, 2012, the Plaintiff entered into a contract with the Defendant on the condition that, at the Plaintiff’s request, the Defendant recovered KRW 48,00,000 from E, C, F, and G land from E (hereinafter “D”) and the Plaintiff would complete the registration of the establishment of a neighboring mortgage in the Defendant’s future for the said payment security (hereinafter “instant contract”). Around December 2, 2012, the Defendant completed sub-construction under the instant contract.

B. On December 14, 2012, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land owned by the Plaintiff (hereinafter “instant land”) with the Suwon District Court No. 60371, Dec. 14, 2012, as the maximum debt amount of KRW 25,000,000, the debtor, the Plaintiff, and the mortgagee as the Defendant.

C. On December 14, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage that became the Defendant with respect to H-owned F-M F-M-M-F-F-M-M-M-M-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

On May 20, 2014, the Plaintiff repaid to the Defendant KRW 10,000,000 out of the price of the instant molding construction, and repaid KRW 14,00,000 to the Defendant on August 22, 2014.

The Defendant’s receipt of KRW 14,00,000,00 to the Plaintiff on August 22, 2014 is the receipt No. 2, hereinafter “the receipt of the instant case”).

Now, F land was prepared and delivered, and the registration of the establishment of a neighboring mortgage as stated in the preceding paragraph was cancelled on May 20, 2014.

E. On May 13, 2015, the Defendant calculated the amount claimed as I of this Court at KRW 24,00,000,000, based on the registration of the establishment of a mortgage near the instant case.

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