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(영문) 수원지방법원여주지원 2019.09.11 2016가합6742
채무부존재확인
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the branch court of Suwon District Court on July 2006.

Reasons

1. Basic facts

A. Defendant B’s establishment of the right to collateral security under Defendant B’s name (1) around 2004, Defendant B, the Plaintiff’s representative, and the husband of Defendant D, the husband of the Plaintiff (the name F before the opening of the name; hereinafter “the deceased”).

The Deceased died on October 24, 2016.

2) On June 7, 2006, the Deceased lent KRW 200 million to Defendant B, and the Deceased repaid KRW 80 million to Defendant B on early 2005. (2) On June 7, 2006, the Deceased drafted a loan certificate stating, “The date of repayment shall be from June 7, 2006 to December 15, 2006, and the due date shall be from December 15, 2006, until December 15, 2006, the payment promise shall be paid KRW 30 million after December 15, 2006, and the sum shall be paid KRW 150 million.”

(hereinafter referred to as “the loan certificate of this case”). 3) Each real estate listed in the annexed real estate list owned by the Plaintiff (hereinafter referred to as “each land of this case”).

As to Defendant C, on July 14, 2006, the Suwon District Court received a 32567 registry office, followed by the establishment of a mortgage on the maximum debt amount of KRW 150 million, the deceased (e.g., indicated on the register of the deceased), and the mortgagee B. B. The establishment of a mortgage under Defendant C’s name was completed. (B) Defendant C had the Civil Works Works on the winged in the Plaintiff, and the Plaintiff’s representative known D, on August 3, 2010, drafted a memorandum of payment that read “The Plaintiff shall pay KRW 56 million for the cost of the civil Works Works on the winged in the Plaintiff.”

2) On June 3, 2011, Defendant C’s spouse, drafted a written statement stating that “I will promise to pay 66 million won in lump sum within 15 days after the completion of the list of construction works,” with respect to each of the instant land, as to each of the instant land, D’s establishment registration was completed on February 7, 2012, the Suwon District Court received KRW 6045,00,000,000 for maximum debt amount, KRW 66 million, the debtor, and the mortgagee-mortgage C as Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, and Eul.

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