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(영문) 광주지방법원순천지원 2016.04.27 2015가단73559
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 defendant shall pay KRW 260,000,000 from the plaintiff.

Reasons

1. The following facts are not disputed between the parties, or are recognized based on Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 4, 5, 6, and 7 (including serial evidence) and the whole purport of the arguments as a result of the fact inquiry about D by this court as to D by a certified judicial scrivener.

A. In around 2000, the deceased E, who was the husband of the defendant, lent KRW 300 million of the church construction fund to H, who is the husband of the plaintiff and the head of the non-party church, to the F Religious Organization G church (hereinafter “non-party church”).

B. On June 23, 2004, the Plaintiff acquired ownership of 800/2250 shares in the forest as indicated in the disposition (hereinafter “instant forest”). At the time H owned the remainder of 1450/2250 shares in the instant forest.

C. On December 2006, the non-party church repaid the net E a sum of KRW 190 million out of the above borrowed money, and around that time H concurrently acquired the remainder of KRW 1100 million of the borrowed money to the network E. D.

H and the Plaintiff completed on May 8, 2008 the registration of creation of a mortgage on the instant forest as indicated in the order of the obligor H and the Defendant, the mortgagee, and the mortgagee E, with respect to the creation of a mortgage on the forest of this case.

E. Since then, the purpose of the right to collateral security as stated in the preceding paragraph was changed to the Plaintiff’s co-ownership share among the forest land in this case, as the voluntary auction based on the right to collateral security established separately as to H’s co-ownership was commenced, and the third party was sold.

(F) F. The Network E filed a lawsuit against the Nonparty church and H seeking payment of KRW 310 million out of the above amount, jointly with H, in 2011, of KRW 201 million in total, and KRW 110 million in total, with respect to the non-party church and H, with KRW 110 million in total, and with KRW 110 million in total, with the said amount.

(g) The above court held on July 18, 201 that the deceased E, while H’s KRW 310 million was 30 million.

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