(영문) 서울서부지방법원 2017.05.18 2016가단235186

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(영문) 서울서부지방법원 2017.05.18 2016가단235186

채무부존재확인

Text

1. On September 28, 2009, the registration of the Chuncheon District Court with respect to the real estate stated in the attached list among the instant lawsuits and the receipt of September 28, 2009.

Reasons

1. Basic facts

A. The registration relationship on the registry with respect to real estate listed in the attached list shall be as follows:

(A) On October 15, 2015, the registration of the decision to voluntarily commence the sale of the Plaintiff’s shares on September 9, 2016, on the registration of the transfer of ownership in the name of Nonparty C on December 14, 2007, with respect to the entire share of the Plaintiff on September 28, 2009 under the Plaintiff’s name as to the registration of the transfer of ownership (the cause of sale) under the Plaintiff’s name on December 14, 2007, the registration of the decision to voluntarily commence the sale of the Plaintiff’s shares on October 15, 2015 (the registration of the establishment of mortgage in the instant case was made by the Defendant on September 25, 2009) (the sale of the Plaintiff’s shares under the name of the Defendant on September 25, 2016).

B. As above, as a result of the successful bid, the Defendant was awarded the Plaintiff’s co-owned share in the discretionary auction procedure based on the registration of creation of the instant neighboring mortgage, and paid KRW 92 million for the purchase price. Accordingly, in the distribution procedure as of July 25, 2016, the distribution schedule was formulated to distribute the remaining surplus KRW 85 million to the Defendant, who is the mortgagee, as well as the Plaintiff, who is the debtor and the owner.

2. Determination

A. Determination on the Plaintiff’s claim for the registration of ownership transfer based on the Plaintiff’s restoration of real name: The registration of ownership establishment based on the Defendant’s name was null and void: (a) on September 28, 2009, the registration of creation of a mortgage based on the Plaintiff’s share was completed in the Defendant’s future; and (b) on September 28, 2009, the registration documents for the establishment of a mortgage based on the registration of ownership based on the Plaintiff’s ownership were set forth in No. 1 (a) (b).

The above contract to establish a mortgage is a creditor and the defendant and the debtor.

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