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(영문) 수원지방법원평택지원 2016.07.08 2015가단47087
채무부존재확인
Text

1. The registration office of Suwon District Court was completed on May 18, 2012 as the receipt No. 69588 with respect to real estate stated in the attached list.

Reasons

1. Basic facts

A. On October 13, 2010, C, which is the Defendant’s father, purchased real estate listed in the separate sheet (hereinafter “instant building”) from D on October 13, 2010, 330,000 won (the down payment of KRW 30,000,000 on the same day, and the intermediate payment of KRW 70,000,000 on November 1, 2010, and the intermediate payment of KRW 50,000,000 on December 3, 2010, and completed the registration of ownership transfer in the name of December 7, 2010.

B. On September 18, 2014, the Plaintiff filed a lawsuit against Suwon District Court 2014Gahap69361, which sought the return of unjust enrichment, and was sentenced by the above court on May 12, 2015, that “Defendant C shall pay to the Plaintiff 280,000,000 won, and the amount equivalent to 5% per annum from August 19, 2014 to May 12, 2015, and the amount equivalent to 20% per annum from the next day to the day of full payment,” and the above judgment was finalized on May 29, 2015.

C. Based on the executory exemplification of the above judgment, the Plaintiff applied for a compulsory auction on the instant building to Suwon District Court E, and on May 20, 2015, the said court rendered a decision to commence the auction.

(hereinafter “Procedure for Compulsory Auction”) D.

On the other hand, with respect to the building of this case, the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) was completed on December 7, 2010 under the name of the National Bank of Korea, including the maximum debt amount of KRW 60,00,000, and the maximum debt amount of KRW 168,000,000 on May 17, 2012. The registration of the establishment of a mortgage of KRW 300,000 was revoked on March 11, 2011 under the name of the Defendant, and the registration was completed on May 17, 2012.

E. During the compulsory auction procedure of this case, the minimum sale price of the building of this case was determined to be KRW 320,000,000, and the charge for the building of this case which takes precedence over the plaintiff's attached claim was 378,000.

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