(영문) 부산고등법원(창원) 2013.06.14 2012나1743

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(영문) 부산고등법원(창원) 2013.06.14 2012나1743

채무부존재확인 등

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1. The part concerning the counterclaim in the judgment of the court of first instance, including the claim added at the trial, shall be modified as follows.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From 197, the Plaintiff, a direct real estate producer, made a transaction in goods supply with the Defendant, and lent money to the Defendant several times as a price for original purchase, and was supplied by the Defendant in lieu of the repayment of the loan.

B. On January 10, 2003, the Plaintiff made a promise of accord and satisfaction between the Defendant and the Defendant to receive the assignment of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) if the Defendant could not pay KRW 500 million borrowed from the Plaintiff by February 28, 2003.

C. As the Defendant failed to pay KRW 500 million after the maturity date of February 28, 2003, the Plaintiff filed a lawsuit against the Defendant on August 26, 2004 against the Defendant on the ground of a contract for the payment in substitution for payment on the date of the filing of the complaint (hereinafter referred to as “pre-litigation”) and the Defendant did not submit a written reply disputing the Plaintiff’s claim despite having received a written complaint on September 2, 2004. The Defendant was sentenced in favor of the Plaintiff on November 5, 2004 that “The Defendant shall implement the procedure for the transfer registration of ownership on the instant real estate to the Plaintiff on September 2, 2004 on the ground of a payment in substitution for payment contract.”

This decision was finalized on December 31, 2004, and the plaintiff completed the registration of ownership transfer in the name of the plaintiff on January 24, 2006 based on the final judgment.

On the other hand, from December 27, 2000, the Defendant used the small and medium enterprise loan of KRW 741,000,000,000 to the debtor, the maximum debt amount of KRW 80,000,000,000,000 at the top of the Industrial Bank of Korea for the instant real estate from around December 27, 200. However, on March 31, 2006, the ownership of the instant real estate changed to the Plaintiff, the Plaintiff was at the top of the Industrial Bank of Korea for the debtor, the maximum debt amount of KRW 936,00,00

유사 판례

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