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(영문) 대전고등법원(청주) 2017.11.28 2017나5687
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 29, 2015, the Plaintiff and the Defendant concluded an exchange contract between the Plaintiff and the Defendant (hereinafter “instant commercial building”) and the Defendant of the instant commercial building No. 401, as indicated in attached Table 1 (hereinafter “instant commercial building”).

A) The Defendant transferred his ownership to the Plaintiff, and the Plaintiff asserted that the land subject to an exchange contract that the Defendant should transfer ownership to the Plaintiff is four parcels of land, such as a real estate exchange contract (Evidence No. 2), Defendant’s content certification (Evidence No. 7), fact-finding confirmation (Evidence No. 2), etc., in addition to the four parcels of land claimed by the Plaintiff, the Plaintiff constitutes the object of an exchange contract with Q 553 square meters, Q 53 square meters, Q 53 square meters, D forest and field No. 1,602 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the land of which the Defendant should transfer ownership to the Plaintiff. Thus, it is clear that the land subject to the exchange contract is five parcels of land, which the Defendant should transfer to the Plaintiff, and each of the land is “C” in the same way as the land of this case.

(2) The term “instant exchange contract” (hereinafter referred to as “instant exchange contract”) to transfer ownership.

The main contents of the contract are as follows. The Defendant and the Plaintiff, who did not receive the balance of exchange, shall deliver all documents concerning the transfer of ownership and other transfer of rights to the other party along with the receipt of the balance of exchange, and shall exchange all documents concerning the exchange of goods on the date of exchange of goods, unless the difference arises. - The Plaintiff’s attachment Nos. 19, 20, and 21, recorded in the register of real estate property A (hereinafter collectively referred to as “instant attachment, etc.”).

By June 30, 2015, the Defendant cancelled the instant commercial real estate register by June 30, 2015. The Defendant’s secured obligation of KRW 1,144,000,000, the maximum amount of the claim(s) was stated 14,000,000,000.

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