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(영문) 서울중앙지방법원 2013.11.12 2013가합532420
채무부존재확인
Text

1. Insurance proceeds against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) based on the insurance contract indicated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The appraisal of the instant case and the loan of the Songpa Agricultural Cooperative 1) Non-party Songpa Agricultural Cooperative (hereinafter “Songpa Agricultural Cooperative”).

(1) In lending money to Nonparty A, etc. on January 201, 201, Nonparty B, who is entitled to receive as a security, is the building of this case (hereinafter “each of the buildings of this case”) Nos. 101 through 104 on land D 1, Songpa-gu Seoul and 1, which are owned by Nonparty B.

In order to grasp the value of each of the instant buildings, the Defendant requested the Defendant to appraise the market price of each of the instant buildings. (2) Accordingly, on January 21, 2011, the Defendant investigated each of the instant buildings on January 24, 201 and prepared an appraisal report with an aggregate of KRW 3,899,00,000 for each of the instant buildings on January 24, 201.

(C) As to each building of this case, each of the buildings of this case was used by the owner of the building of this case after the building of this case, the building of this case of this case of 101 and 102 is not adjacent to the side, and the building of this case is located adjacent to the front of the building of this case. However, the building of this case of this case of this case was used by the owner of the building of this case after the alteration of the internal structure so as to be adjacent to the side.

Nevertheless, the defendant was conducting an appraisal based on the actual use status, not the current status of the building on the aggregate building ledger.

3) Based on the result of the Defendant’s appraisal on January 25, 2011 based on the result of the instant appraisal, Songsung set up each of the instant buildings as a collective security of KRW 3,263,00,000 in total, the sum of KRW 2,510,00,000 for each of the instant buildings (around 64% of the appraised amount) to B.

On the other hand, the senior mortgage, which was established on each of the instant buildings through the above loan, was entirely cancelled due to the repayment of the secured debt, and the senior mortgage was a sum of 61,581,251 won, which takes precedence over the above each of the above senior mortgages of the Songpang shall be refunded.

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