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(영문) 서울중앙지방법원 2015.11.11 2015가합547716
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s husband B, the husband, around December 201, is a Co., Ltd. (hereinafter “C”) (hereinafter “C”).

(1) The Korea Savings Bank (hereinafter referred to as the “Korea Savings Bank”) shall be the Korea Savings Bank with the introduction of D.D.

B) At that time, “Korea Savings Bank was under an actual inspection of the Financial Supervisory Service, which is likely to be subject to business suspension due to the low ratio of BISD equity capital, and thus, requested that Korea Savings Bank be created as a collateral security holder on real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) in order to enhance the ratio of BISD equity capital.” (2) The Plaintiff and B proposed that “the Plaintiff shall cancel the said collateral security at any time at the time when the Plaintiff or B wishes to do so, and may grant a loan within the scope of the maximum debt amount of the right to collateral security.” As for the instant building on December 29, 201, the registration of establishment of the collateral security was completed with respect to “the maximum credit amount, the debtor, the debtor, the debtor, and the Korea Savings Bank”.

(B) On January 28, 2012, the Seoul Central District Court (Seoul District Court Registration No. 81883, Dec. 29, 201; hereinafter “instant collateral security”) demanded the Korea Savings Bank to cancel the instant collateral security. On January 28, 2012, E prepared and issued to the Plaintiff a written confirmation that “I promised to cancel the instant collateral security immediately upon request of the Plaintiff.” (B) Korea Savings Bank was subject to business suspension from the Financial Supervisory Service on May 6, 2012.

On August 9, 2012, the Plaintiff filed a lawsuit against Korea Savings Bank seeking the cancellation of the registration of the instant mortgage creation.

(hereinafter “previous Litigation”). On February 28, 2013, when the first instance court of the previous lawsuit was in progress, Korea Savings Bank.

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