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(영문) 인천지방법원 부천지원 2018.01.18 2017가단113435
채무부존재확인
Text

1. The Plaintiff’s decision of provisional attachment against the Defendant on June 21, 2012 by the Incheon District Court Branch of the Incheon District Court.

Reasons

1. Facts of recognition;

A. The Defendant filed an application for provisional attachment against D apartment building Nos. 7 of the first floor (hereinafter “instant real estate”) in Gyeyang-gu, Incheon, which is owned by the Plaintiff as the preserved right by using the Defendant’s loan credit against the Plaintiff (hereinafter “instant provisional attachment credit”) as the preserved right, and the provisional attachment order on June 21, 2012 (hereinafter “instant provisional attachment order”) was issued by the Defendant.

B. On July 13, 2012, the Defendant filed a claim against the Plaintiff for payment of KRW 68,388,00,00, which is a provisional attachment claim of this case, with the Incheon District Court Branch Branch of the Incheon District Court 2012Gadan22909. The Defendant received a written agreement and a loan certificate as follows, and filed the said lawsuit on February 5, 2013.

With respect to loans case No. 2012Gadan22909, Plaintiff B received cash million won from Defendant A (E Plaintiff’s mother, hereinafter the Plaintiff’s mother), and agreed to withdraw the said lawsuit as the remainder of the loan (which appears to be a clerical error in the “Japan million won” in light of the loan certificate below the daily three hundred thousand won, in light of the loan certificate).

In relation to the above loan, B promises A not to raise a civil or criminal issue.

The amount of B loan borrowed on February 5, 2013: the above amount of KRW 13,000,000 per day, which is the first half of February 5, 2013, means the real estate in Gyeyang-gu Incheon, Gyeyang-gu, the creditor of which is the second half of the monthly interest, and which is the second half of the monthly interest of KRW 13,000.

this certificate of borrowing, promising to make a full payment with sale, E

C. Meanwhile, on April 11, 2016, E filed an application for bankruptcy with the Incheon District Court Order 2016Hadan1754, and with respect to the instant real estate, upon request of F, the person having a right to lease, the decision to commence the auction of real estate was rendered on August 23, 2016. In the above auction procedure, the distribution schedule in which KRW 26,796,70 is distributed to the Defendant, who is the person having the right to the instant provisional seizure, as the third priority order.

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