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(영문) 의정부지방법원고양지원 2016.04.07 2015가단89607
채무부존재확인
Text

1. The plaintiffs' action against the defendant Mineyang-si Saemaul Savings Depository shall be dismissed.

2. The plaintiffs and defendant corporation.

Reasons

1. Basic facts

(a) Automobile security loan 1) Defendant Mineyang-si Saemaul Savings Depository (hereinafter “Defendant Savings Depository”)

(3) The Defendant Gangnam Port Tour Co., Ltd. (hereinafter “Defendant Tour”)

AH120,000,000, extended to the Defendant on December 26, 2012, and secured as security, BH120, owned by the Defendant travelr on December 27, 2012 (current car registration number is changed to B).

hereinafter referred to as “first automobile of this case”

2) As to the registration of the establishment of mortgage (hereinafter “mortgage 1 of this case”)

(2) On December 18, 2012, the Defendant’s cooperative extended KRW 58,00,000 to the Defendant’s travel agent, and completed the establishment registration of mortgage (hereinafter “instant 2 mortgage”) on the Clateral Motor Vehicle owned by the Defendant’s travel agent on the same day as the security was changed to D.

B. A motor vehicle sales contract 1) The Defendant tourer’s daily holiday (hereinafter “Plaintiff tourism”) around February 2014.

B) As to the sales contract, the Defendant tour Co., Ltd. concluded a sales contract with the Plaintiff each day to sell the instant first vehicle to the Plaintiff Tourism KRW 30,000,000 (excluding value-added tax), and the sales contract concluded to the effect that “Plaintiff Tourism will succeed to the secured obligation of the instant first mortgage and pay it to the Plaintiff.” (hereinafter “instant first special agreement”).

(2) Around February 2014, the Defendant Travel Co., Ltd. entered into a sales contract with the Plaintiff New Tourism Tour Co., Ltd. (hereinafter “Plaintiff New Tourism”). The Defendant Travel Co., Ltd. entered into a sales contract with the Plaintiff New Tourism to sell the instant secondary motor vehicle to the Plaintiff New Tourism at KRW 30,000,00 (excluding value-added tax), and the sales contract includes a special agreement with the effect that “Plaintiff New Tourism will succeed to and repay the instant secondary secured obligation” (hereinafter “the instant special agreement”).

C. The instant case.

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