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(영문) 의정부지방법원 2017.06.28 2016가합57090 (1)
채무부존재확인
Text

1. Defendant B’s District Court with respect to the Plaintiff’s share of 199/298 out of the real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. On December 23, 2015, the Plaintiff and the Defendant B succeeded to the rights and duties of the Regional Housing Association Promotion Committee of the A-Named Regional Housing Association (the said Union succeeded to the rights and duties of the said Association) established to carry out the project of the Regional Housing Association on the basis of the D-Japan in South-si.

The plaintiff and the promotion committee are referred to as the plaintiff.

In borrowing KRW 50,00,000 from Defendant B on January 3, 2014, Defendant B agreed to pay KRW 40,000,000 among the above amounts to the Plaintiff’s business expenses management account, and KRW 460,00,000,00 to the Plaintiff’s business expenses management account, and the interest rate was 3.25% per month. The Plaintiff agreed to pay KRW 140,000,000 to the Defendant on June 30, 2014; KRW 200,000,000,000 on July 31, 2014; KRW 160,000,000 on September 30, 2014; and KRW 160,000,000 on April 30, 2014 to each of the above international trusts.

3) On March 25, 2014, the Plaintiff: (a) on March 25, 2014, to secure the loan obligation of KRW 500,000,000 to Defendant B; (b) real estate listed in the attached Table 1 (hereinafter “instant real estate”).

(2) On March 31, 2014, the Plaintiff registered the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) and accordingly, the Plaintiff registered the provisional registration of the right to claim ownership transfer as prescribed by the receipt No. 34156 on April 1, 2014 with respect to the share of 199/298, which is the aggregate of equity interests of Nonparty E, F, and G, among the instant real estate (hereinafter “instant provisional registration”).

(4) On December 12, 2016, the Plaintiff: (a) on November 9, 2016, with respect to the share 50/298, which is the share of Nonparty E, co-owner of the instant real estate, the Plaintiff: (b) on November 9, 2016, the receipt of the Republic of Korea District Court’s receipt of No. 129698 by the Namyang District Court; and (c) on March 13, 2017, on February 10, 2017, on the share 99/298, which is the share of Nonparty H, co-owner of the instant real estate.

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