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(영문) 청주지방법원충주지원 2015.08.20 2015가단20868
채무부존재확인
Text

1. The Defendant’s KRW 5,911,025 as well as the Plaintiff’s annual rate of 5% from July 18, 2015 to August 20, 2015.

Reasons

1. Facts of recognition;

A. On December 4, 2006, the deceased C (hereinafter “the deceased”) and the Plaintiff jointly purchased the land of 18,754 square meters in the name of the deceased with respect to the above forest, and agreed to complete the registration of transfer of ownership in the name of the deceased’s sole name. The deceased completed the registration of transfer of ownership with respect to the instant real estate on December 6, 2006.

B. On March 24, 2010, the Deceased created the right to collateral security (hereinafter “instant right to collateral security”) which is the sound credit union, the deceased, and the maximum debt amount of claims 45,000,000 with respect to the instant real estate by the Cheongju District Court’s Audio Registry received on March 26, 2010. Around March 26, 2010, the Deceased borrowed KRW 30,000,000 from the Sound Credit Cooperative as of March 26, 2013 on the expiration date of the loan.

(hereinafter “instant loan”). C.

The Deceased and the Plaintiff 2010

3. On March 26, 2010, the Plaintiff concluded an agreement with the following contents. On March 26, 2010, the Cheongju District Court received an audio registry office from the Cheongju District Court, and completed the registration of establishment of a collateral security (hereinafter “the instant second collateral security”) consisting of the Plaintiff, the Deceased, the Deceased, and the maximum debt amount of 100,000,000.

The Plaintiff shall be the Plaintiff as “A”, and the Deceased as “B” shall be the obligor “B,” and the obligor “B” shall conclude an agreement as to the mortgage agreement on the following real estate (the instant real estate) as follows:

Article 1 (Won 100,000,000) (Won 100,000) of the agreed amount (Won 60,000,000) The due date for payment of the above agreed amount shall not be determined separately, and the due date for payment of the above agreed amount shall be the time when A wishes or the date for sale by agreement between A and B.

Article 2 The method of repayment of the above amount shall be the method prescribed in Article 5, by which the registration of transfer of one half of the above real estate (hereinafter referred to as "share A") is issued to Gap or to a person who wants Gap, at the time Gap wants to do so.

except that.

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