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(영문) 울산지방법원 2016.08.09 2015가단64215
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 16,618,880 as well as the full payment from July 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff was the owner of a land for factory B in Ulsan-gun, Ulsan-gun and a building on its ground (hereinafter collectively referred to as “instant real estate”). The Plaintiff was the owner of the land for factory in Ulsan-gun and a building on its ground (hereinafter referred to as “the instant land and building”).

(2) On June 18, 2012, among the instant real property, the registration of the establishment of a mortgage was completed near the debtor, the Plaintiff, the mortgagee, the Industrial Bank of Korea, and the maximum debt amount of 2.4 billion won. On December 31, 2012, the registration of the establishment of an additional mortgage on the instant real property was completed as to the building among the instant real property.

(3) The Industrial Bank of Korea received a voluntary decision to commence the auction on February 12, 2015 with regard to the instant real estate from the Ulsan District Court C. The said real estate was sold to KEL Global Co., Ltd. on September 30, 2015 in the said voluntary auction procedure. (4) On March 26, 2015, the Defendant acquired the instant right to collateral security from the Industrial Bank of Korea under the Asset-Backed Securitization Act, and reported the change of creditors in the said voluntary auction procedure on April 14, 2015, and the execution court notified the Plaintiff of the change of creditors on April 17, 2015.

B. (1) On January 28, 2015, the Industrial Bank of Korea concluded a contract for the expense of the instant real estate with Sejong SPS Co., Ltd., and had the said company manage the instant real estate. (2) The Defendant paid KRW 16,619,80 to Sejong SP for the purpose of the instant real estate management expenses from January 28, 2015 to September 2015.

(A) On June 7, 2016, the Defendant stated in the instant pleading and stated in the instant counterclaim claim amounting to KRW 16,618,880 as KRW 16,619,880; hereinafter referred to as “instant management expenses”); (a) there is no dispute regarding the instant management expenses; (b) each entry in Gap’s evidence Nos. 1 through 4, and Eul’s evidence Nos. 2 through 4 (including virtual numbers) and the purport of the entire pleadings; and (c) the purport of the entire pleadings.

2. Determination

A. The Parties’ assertion.

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