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(영문) 춘천지방법원 2015.04.28 2014가단1259
채무부존재확인
Text

1. The plaintiff's claim of this case is dismissed.

2. Of the costs of lawsuit, the part resulting from the intervention shall be an intervenor.

Reasons

1. Facts of recognition;

A. On October 19, 201, the Plaintiff, under the Plaintiff’s name, issued a loan certificate stating that the Plaintiff borrowed KRW 36,000,000 from the Defendant on a monthly interest rate of 1% (hereinafter “the instant loan certificate”) and repaid it by March 30, 2012 (hereinafter “the instant loan certificate”).

B. On June 26, 2012, the Plaintiff was divided into the maximum debt amount of KRW 50 million with respect to 375 square meters prior to D, E, 709 square meters (each of the real estates listed in paragraphs (1) and (9) of the attached Table on August 3, 2012, and 728 square meters prior to E, which was owned by the Plaintiff, and divided into the real estate listed in paragraphs (2) through (8) and (13) of the attached Table on August 3, 2012), G, 269 square meters prior to G and paragraph (10) of the attached Table on G and paragraph (10) of the attached Table (hereinafter referred to as “each of the instant real estate”), and H20 square meters prior to G (hereinafter referred to as “each of the instant real estate” as indicated in the attached list”), and the establishment registration was completed by the Plaintiff, the debtor, and the Defendant as the Defendant on the same day (hereinafter referred to as “instant mortgage registration”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 4, 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion was sent a copy of the plaintiff's certificate of personal seal impression, seal, and resident registration certificate to the certified judicial scrivener office that the defendant works as the secretary for the purchase of the plaintiff's real estate. The defendant, at his own discretion, prepared the loan certificate of this case in the name of the plaintiff and the written contract to establish the right to collateral security of this case, and the defendant established the right to collateral security of this case in the future. The defendant's assertion that there is no secured claim of the right to collateral security of this case. 2) On October 19, 2011, the defendant asserted that the plaintiff's spouse purchased the contract amount of KRW 370,000,000,000 won under the above sales contract and paid KRW 36,000,000,000 to I by selling the contract deposit to the defendant.

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