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1. It is confirmed that the Plaintiff’s obligations listed in the [Attachment 1] List against the Defendant do not exist.
2. This Court.
Reasons
1. Basic facts
A. On December 6, 2006, the Plaintiff entered into a sales contract with C to purchase KRW 1,150,000,000 of the purchase price (hereinafter “instant sales contract”). The down payment of KRW 190,00,000,000 owned by the Plaintiff and KRW 355,310,00 of the Seo-gu Busan, Seo-gu, Busan, and KRW 355,310 of the G apartment owned by the Plaintiff, in lieu of transferring KRW 7 of the first floor in Busan, Seo-gu, Busan, and KRW 960,000,000, each collateral security obligation of the real estate listed in the attached Table 3, which was established on each real estate listed in the attached Table 3, to guarantee the payment of the remainder, the Plaintiff agreed to set the balance of the remainder of the collateral security obligation with respect to the real estate listed in the attached Table 2, E’s share as collateral.
B. On or before December 19, 2006, the Plaintiff and C determined the amount of the secured debt, etc. to be acquired by the Plaintiff pursuant to the instant sales contract as KRW 760,20,000, and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant secured mortgage”) with the Changwon District Court No. 42722, Dec. 22, 2006, with respect to the instant real estate in order to pay the remainder of KRW 199,80,000,000 for the remainder of the remainder.
C. On August 24, 2015, C concluded a contract on the transfer of the instant mortgage and its secured claim to the Defendant, and notified the Plaintiff thereof. On the same day, C completed the registration of transfer of the instant secured mortgage to the Defendant, changing the mortgagee into the Defendant.
On the other hand, C had expressed its intent to cancel the instant sales contract on October 6, 201 as the Plaintiff failed to perform its duty to pay the remainder under the instant sales contract, and C had lawfully rescinded the instant sales contract.
E. C is the Busan District Court against the plaintiff.