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(영문) 의정부지방법원 2018.12.13 2016가합56066
채무부존재확인
Text

1. As to each real estate listed in the separate sheet against the plaintiff as to the defendant, the District Court Macheon Registry on June 2009.

Reasons

1. Basic facts

A. The Plaintiff was the spouse of the deceased G (hereinafter “the deceased”), and Nonparty C, D, E, and F are children born between the Plaintiff and the deceased.

B. The Plaintiff and the Deceased (hereinafter “Plaintiff’s husband and wife”) have been engaged in monetary transactions since 2002 by borrowing and repaying money from around several times between the Defendant and H, the Defendant’s spouse (hereinafter “the Defendant’s husband and wife”).

C. On August 29, 2007, the Plaintiff’s husband and wife prepared and delivered to the Defendant’s husband and wife a loan certificate stating that “the Plaintiff will borrow KRW 000,000 from H” (hereinafter “the instant loan certificate”).

On June 4, 2009, the Plaintiff couple completed the registration of the establishment of a mortgage (hereinafter “mortgage”) against the Defendant on the following grounds: (a) the Plaintiff couple owned a 1/2 share of each of the Plaintiff’s husband and wife as joint collateral: (b) the 1,031 square meters and its ground buildings (hereinafter “I land and buildings”) and J 977 square meters and its ground buildings (hereinafter “J land and buildings”); (c) the maximum debt amount of 300,000,000 won; and (d) the Plaintiff’s husband and wife, the Plaintiff’s husband and wife, and the mortgagee’s right to collateral security (hereinafter “mortgage”).

E. Meanwhile, the registration of the establishment of the instant nearby land and building completed on July 25, 201 was revoked on the ground of partial renunciation.

F. The Deceased died on June 16, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On June 4, 2009, after the date of the drawing up of the loan certificate, the Plaintiff couple repeatedly borrowed and repaid money from the Defendant couple. On June 4, 2009, the Plaintiff couple adjusted the remainder of the debt to be repaid to the Defendant couple by adding the principal and interest to KRW 300,000,000, and completed the establishment registration of the instant neighboring establishment in the Defendant’s name.

After that, the plaintiff couples and the defendant couples total of KRW 236,500,00.

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