(영문) 창원지방법원 2017.01.12 2016가합52432

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(영문) 창원지방법원 2017.01.12 2016가합52432

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B on January 15, 2004, the establishment of a right to collateral security in the name of the defendant with respect to each real estate listed in the separate sheet is deemed to be Almat Co., Ltd. (hereinafter “Eth”)

(3) Each of the real estates listed in the separate sheet (hereinafter referred to as “instant real estate”).

(1) The registration of ownership transfer (No. 545, Jan. 15, 2004, the Daegu District Court Branch of the Republic of Korea) was purchased on the same day, and the registration of ownership transfer (hereinafter “the first ownership transfer registration”).

2) On August 26, 2005, the Plaintiff concluded a sales contract with the content that the Plaintiff purchased the instant real estate for KRW 1.85 million from B.

3) On August 26, 2005, ASEAN borrowed KRW 1.5 billion from the Defendant for the payment of the above purchase-price, and on the same day, in order for B to secure the above loan obligations on the same day, it is deemed that the establishment registration of a mortgage on the real estate of this case was completed on August 26, 2005 by the Daegu District Court No. 13329, August 26, 2005, and the establishment registration of a mortgage on the part of the debtor, the mortgagee, and the mortgagee of the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based

B) On November 2, 2007, the Plaintiff acquired the status of the purchaser of the instant real estate from the ASEAN under the understanding of B on November 2, 2007 (hereinafter “instant sales contract”). On the same day, the Plaintiff completed the registration of ownership transfer concerning the instant real estate (No. 24767, Nov. 2, 2007, hereinafter “the second ownership transfer registration”).

2) On May 20, 2010, the Plaintiff entered into an agreement with the Defendant to assume the obligation of KRW 1.5 billion on the assumption of the Plaintiff’s obligation of the loan of KRW 1.5 billion on the same day according to the assumption of the obligation. The debtor of the establishment registration of the mortgage of the instant case on the same day was changed from the Atec to the Plaintiff (hereinafter the above obligation of the loan was referred to as “the obligation of the instant case”).

C. Nos. 1 and 1 of this case

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