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(영문) 서울동부지방법원 2016.12.23 2015가합5888
채무부존재확인 및 근저당권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts [The grounds for recognition: Gap evidence of subparagraphs 1 through 2, and Eul evidence of subparagraph 1 (including each number); and

A. On May 6, 2015, the Plaintiff entered into a sales contract with the Defendants on May 6, 2015, 203, 203, 204, 205, and 301 (hereinafter “instant commercial building”) with respect to the E, F ground G building Nos. 203, 205, and 301 (hereinafter “instant commercial building”) as H, and with respect to the sales amount of KRW 50 million ( KRW 203,123,000,000 KRW 204,137,105,000 KRW 20,000 KRW 20,50,000 KRW 30,50,000 KRW 12,50,000,000 from the sales amount, the remainder of the sales amount of KRW 250,500,000,000,00 for the Plaintiff’s forest and forest owned as the Defendants, and paid the remainder of KRW 1.5.5 million.

B. On May 19, 2015, the Plaintiff completed the registration of creation of the instant forest under Defendant B’s name, based on the contract concluded by May 8, 2015, the maximum debt amount of KRW 250,000,000 on the instant forest.

C. On July 15, 2015, each sales contract for each commercial was newly prepared, and the phrase “excluding KRW 15 million from the sales price” was written at the bottom of the sales contract.

Since then, the Defendants urged the payment of the down payment and the balance, but the Plaintiff did not perform this.

2. Determination as to the primary claim against Defendant B

A. When Defendant B and I formally prepared a sales contract concerning the instant commercial building, they would obtain a loan as security and lend 50 million won among them to the Plaintiff, thereby taking the form of purchasing the instant commercial building under the name of H, and set up the instant right to collateral security in the instant forest as a guarantee for the payment of down payment, and the instant commercial building as security was not ultimately carried out.

Since a contract to establish a mortgage was concluded by deception with Defendant B, the complaint of this case is to be filed.

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