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(영문) 대전지방법원 2016.10.20 2015나106651
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Daejeon District Court 2013TTY 18188.

Reasons

Basic Facts

On August 17, 2010, the Plaintiff was awarded a successful bid for the land and buildings listed in the attached Table 1 (hereinafter referred to as “instant land or building,” and completed the registration of transfer of ownership in the name of the Plaintiff on August 26, 2010.

C On February 22, 2008, as shown in the attached Table 1, as to the instant real estate, completed the registration of establishment of chonsegwon with the deposit money of KRW 60,00,000 (Seoul District Court No. 9218, Feb. 22, 2008). D completed the registration of establishment of chonsegwon on April 22, 2009 as to the said registration of establishment of chonsegwon (Seoul District Court No. 45900, Aug. 2009; hereinafter “registration of establishment of chonsegwon”).

On November 5, 2010, the Plaintiff filed a lawsuit against D with Daejeon District Court 2010Kadan55108 (Transfer to Collegiate Panel, 201Gahap4142) to seek cancellation of the registration of the instant chonsegwon. At the time, each of the registry of the instant real estate was filed on November 19, 2010 due to the Plaintiff’s filing of the said lawsuit.

On October 27, 2011, the court rendered a judgment ordering D to comply with the procedure for cancellation registration of the instant chonsegwon on the ground that the registration of the instant chonsegwon was made in collusion between D and E and C without the intention of establishing the said chonsegwon, and C, and that the registration of the instant chonsegwon was made falsely. On January 24, 2013, both D’s appeal and final appeal were dismissed, and the said judgment became final and conclusive as is.

On December 14, 2010, the Defendant: (a) agreed upon by the Defendant to D on December 14, 2010, with the introduction of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the

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