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(영문) 제주지방법원 2016.01.14 2015가합1068
채무부존재확인
Text

1. The defendant,

A. The Jeju District Court shall have jurisdiction over the real estate stated in the attached Table 1’s list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 11, 2013, the Plaintiff and A entered into a trade agreement with the Plaintiff and A to designate and develop B B,688 square meters (hereinafter “instant land before the instant partition”) as one-half of their respective equity shares (hereinafter “instant trade agreement”). The Plaintiff entered into a trade agreement with the Plaintiff on the said land under the name of A, and the Plaintiff agreed to register shares as necessary.

B. A) On September 10, 2013, the Defendant’s title-mortgage 1) completed the registration of ownership transfer of the instant land prior to the instant partition in accordance with the instant business agreement, and borrowed money from the Defendant with business funds for developing the said land from the Defendant and entered in the bond list in the attached Table 2 (hereinafter “instant bonds”).

(2) On October 10, 2013, the Defendant and the Defendant entered into a mortgage agreement with the maximum debt amount of KRW 150 million with the maximum debt amount of KRW 150 million. According to the said mortgage agreement, A, on October 10, 2013, with respect to the land before the split-off of the instant case, pursuant to Article 41843 of the Seopopopopool District Court’s receipt of the registry office, completed the registration of the establishment of the collateral security agreement with the Defendant as “B,” and on May 16, 2014, the registration of the establishment of the collateral security agreement with the Defendant was completed with respect to each land listed in the separate sheet of real estate (hereinafter “instant land”). As the land before the split-off was divided as indicated in the separate sheet of real estate 1, the joint mortgage agreement with the Defendant changed the maximum debt amount of KRW 150 million to the maximum debt amount of KRW 500,000,000 (hereinafter “the aforementioned maximum debt amount”).

C. On January 20, 2015, the Defendant requested a request for auction from A, and the Jeju District Court C based on the instant right to collateral security.

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