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(영문) 서울남부지방법원 2015.05.27 2014가단16443
채무부존재확인
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1. It occurred between Plaintiff A, B, and Plaintiff (Counterclaim Defendant) C from August 1995 to May 26, 2010.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 2, 2005, the defendant filed a claim against the plaintiff A and C for a loan of 2004da62590 with the Seoul Western District Court, and on June 2, 2005, the above court rendered a judgment that "the defendant jointly and severally pays to the plaintiff 40,700,000 won with the interest of 5% per annum from August 98, 1995 to May 6, 2005, and 20% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.

B. Around February 5, 2010, the Defendant applied for a compulsory auction of real estate (hereinafter “instant auction”) on the Plaintiff’s real estate to Suwon District Court E based on the original copy of the instant judgment, and the Plaintiff A and C filed an appeal to the instant judgment on March 18, 2010.

C. On May 27, 2010, the Plaintiffs drafted each of the following specifications (hereinafter “each of the instant specifications”) on the condition that the Defendant withdraws the instant application for auction. On June 8, 2010, Plaintiff A and C withdrawn an appeal against the instant judgment.

1. By February 25, 2010, including principal and interest until February 25, 2010, 87,070,122 won will be paid in three equal installments.

2. The repayment of KRW 50,000,000 per installment out of the amount of repayment shall be made by June 2, 2010, and the creditor shall immediately withdraw the auction.

(The remainder of the refund amount out of 4,950,000 won shall be paid)

3. The repayment of 20,000,000 won in two installments shall be made on July 10, 2010.

4. The repayment shall be made up of 17,070,000 won by August 10, 2010.

5. 각서인 C은 경매취하를 목적으로 위 2항만 이행을 하고 각서인 소유의 부동산 경기도 화성시 F건물 8층 801호, 동소 9층 901호, 동소 10층 1001호 등 집합건물(여관)의 지분 또는 시설물을 제3자 또는 타인엥게 매매, 가등기, 임대, 근저당권설정등기등 일체의 행위를 하지 않기로 각서하고 이를 위반하였을시에는 고의적으로 강제집행의 면탈행위임을 인정하고...

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