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(영문) 대구지방법원 2014.05.27 2014가합776
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land of this case (hereinafter “each of the instant land”) and the land of 41 square meters and 57 square meters in Daegu-gu, Seo-gu, Seo-gu (hereinafter “instant land”). In sequence, the Republic of Korea completed the registration of initial ownership on September 27, 1982 with respect to each of the instant land.

B. On March 8, 1980, D sold the land of 26 square meters in the Seo-gu, Daegu-gu, where he owned (26 square meters in the name of E and 8 square meters in the name of E and F road, and F land was divided into 18 square meters in the name of Daegu Metropolitan City; hereinafter “E land”) and the above land of E and each of the land of this case, and the building without permission (hereinafter “the building of this case”) newly constructed by G, his husband, on each of the land of this case. H completed the registration of ownership transfer in its name on October 16, 1980 as to the above E land of this case under its own name.

C. On January 13, 1986, the above E land and the building of this case transferred the Plaintiff’s ownership in the future, and on January 17, 1996, the ownership was transferred to the Plaintiff. The Plaintiff continued to occupy and use the land of this case as the site for the building of this case from the date when the owner of the above E and the building of this case continues to occupy and use the land of this case as the site for the building of this case.

With respect to the land of this case, the Plaintiff entered into a loan agreement with the Seo-gu Seoul Metropolitan City Office and the Seo-gu Seoul Metropolitan City Office, with a loan agreement of KRW 2,92,500 per annum from January 1, 1994 to December 31, 1996; and ② from January 1, 1997 to December 31, 1999, with a loan agreement of KRW 2,707,50 per annum from February 28, 1997, with a loan agreement of KRW 2,50 per annum (hereinafter “each of the instant loan agreements”); and in sequence, the Plaintiff paid the loan charges by December 31, 199.

E. On October 13, 2003, the Seo-gu Seoul Metropolitan City Office imposed indemnity on the Plaintiff from August 21, 1998 with respect to the land No. 1 of this case, from January 1, 2000 to August 20, 200, respectively.

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