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(영문) 의정부지방법원 2018.12.13 2017가합53385
채무부존재확인
Text

1. As to each real estate listed in the separate list against the defendant of the plaintiffs, the Macheon District Court's Macheon Registry.

Reasons

1. Basic facts

A. Nonparty F was the spouse of the deceased G (hereinafter “the deceased”). The Plaintiffs are the children born between F and the deceased.

B. F and the Deceased (hereinafter “F couple”) have been engaged in monetary transactions since 2002 by borrowing and repaying money from around several times between the Defendant and the Defendant’s spouse (hereinafter “Defendant husband and wife”).

C. On August 29, 2007, the F Husband and wife prepared and delivered to the Defendant’s husband and wife a loan certificate stating that “the Defendant will borrow KRW 000,000 from H” (hereinafter “the instant loan certificate”).

On June 4, 2009, F Husband and wife completed the registration of creation of mortgage (hereinafter “mortgage of this case”) against the Defendant on the following grounds: (a) the F Husband and wife owned each share of 1/2, 1,031 square meters and its ground (hereinafter “I land and building”) and J 977 square meters and its ground (hereinafter “J land and building”) as joint collateral; (b) the maximum debt amount of KRW 300,000,000; (c) the obligor F Husband and wife; and (d) the Defendant’s right to collateral security (hereinafter “mortgage of this case”).

E. Meanwhile, the registration of the establishment of the instant nearby land and building completed on July 25, 201 was revoked on the ground of partial renunciation.

F. The Deceased died on June 16, 2012.

G. F, the co-inheritors of the deceased, and the legal share of the deceased’s inheritance are 3/11 of F and 2/11 of the plaintiffs, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On June 4, 2009, after the date of the drawing up of the loan certificate, the Plaintiff F husband and wife repeatedly borrowed money from the Defendant husband and wife, and on June 4, 2009, the F Husband and wife adjusted the remainder of the debt to be repaid to the Defendant husband and wife at KRW 300,000,000 by adding the principal and interest to the principal and interest at KRW 30,000.

F.F.

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