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(영문) 대전지방법원 공주지원 2018.02.01 2017가단1195
채무부존재확인
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On December 23, 201, C and E agreed to borrow a total of KRW 250,00,000 from Defendant and F, G, H, and I ( KRW 20,000,000 from Defendant, KRW 100,000,000 from G, KRW 60,000,000 from G, and KRW 40,00,000 from H, and KRW 30,00,000 from F, and KRW 30,00,00 from F, to set up a collateral security right on the land prior to the division.

B. On December 26, 2011, J and F, the husband of the Defendant, who was delegated by the Defendant F, G, H, and I, granted C and E a total of KRW 250,00,000,00 in the amount of loans and collateral security claims under the above paragraph (a) at the office of the Sejong Central Agricultural Cooperative, E, and in the same place.

C. C entered into a sales contract with K on December 26, 201 with respect to L, M, and N (hereinafter “instant land before the instant partition”) prior to the division, and completed the registration of ownership transfer on the same day.

On December 26, 2011, the Defendant, F, G, H, and I completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the instant land before the instant partition as the obligor, the mortgagee, the Defendant, and F, G, H, I, I, the maximum debt amount of KRW 375 million, which was determined as the obligor, the mortgagee, and the Defendant, G, I, I, and I, and each of them completed the registration of creation of a new collateral security (hereinafter “instant collateral security”).

E. On October 19, 2012, theO paid KRW 120,00,00 to the Defendant and F, G, H, and I, and received receipts from the Defendant, F, G, H, and I. The content of the receipt stated as follows: “The above amount was paid KRW 100,000,000 out of the amount of the claim 250,000,000, and the interest was paid KRW 20,000,000, and if the L is divided within three months in official state, the mortgage was cancelled at 6,500,000 after the division.”

F. Around January 2013, P, the representative of the Plaintiff, refers to the case’s division as C’s agent with respect to KRW 150,00,00,00, which is the remainder of the secured debt of this case claimed by the Defendant and F, G, H, and I, as the remainder of the secured debt of this case’s mortgage.

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