logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.03.19 2014가단64277
채무부존재확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 12, 201, the Plaintiff acquired the ownership of the real estate indicated in the attached list (hereinafter “instant apartment”) and completed the registration of creation of the right to collateral (hereinafter “registration of the right to collateral security”) with a maximum debt amount of KRW 140 million,00,000,000, to C. On October 31, 2012, the Defendant was transferred the said right to collateral security by contract transfer from C.

After that, on November 6, 2013, the Plaintiff was paid only the remainder after deducting the amount equivalent to the maximum amount of the right to collateral security from the purchase price, when transferring the apartment of this case to Sethyl World.

B. The Plaintiff filed a lawsuit against the Defendant and C seeking cancellation of the instant mortgage registration (the Busan District Court Decision 2012Na18530, hereinafter “the prior judgment”), and the prior judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purpose of the whole pleading

2. The Plaintiff asserts that the secured obligation of the instant registration of collateral security was KRW 140 million, but the amount of KRW 50 million out of which was repaid before the previous judgment, and the remainder of KRW 90 million was repaid after the previous judgment, and thus, the instant registration of collateral security should be cancelled.

In regard to this, the Defendant asserted to the effect that not only the principal but also the interest obligation of 3% per month is included in the secured debt of the registration of the instant right to collateral security, and only the principal was paid. As such, the Defendant still did not have the obligation to cancel as long as the secured debt remains.

If the whole purport of the argument is added to the statements in the evidence Nos. 3, 4, and 5 (including additional numbers), D, which the Plaintiff’s husband, has been operating the tecaf, has been attracting investment in the course of operating the tecaf, and E and C deposited the sum of KRW 138 million in the F’s account used by D from July 28, 201 to December 8, 2011, and thereafter the registration of the instant right to collateral security was completed in the name of C, the maximum debt amount of KRW 140 million in the name of C on December 12, 201.

arrow