(영문) 대구지방법원 2017.02.09 2016가합204503

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(영문) 대구지방법원 2017.02.09 2016가합204503

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase the mining right (the name of light: registration number B; hereinafter “the mining right of this case”) owned by the Defendant, and the land (hereinafter “each of the instant real property”) other than 67,496m2 and 4,000,000,000,000,000,000,000 won for land owned by the Defendant (hereinafter “instant sales contract”).

B. The Plaintiff paid the Defendant the down payment of KRW 30 million under the instant sales contract on the date of the said contract, but thereafter, the Plaintiff could not pay the remainder KRW 290 million until March 2013.

C. On March 19, 2013, the Plaintiff and the Defendant entered into a quasi-loan agreement stipulating that the purchase price of each of the instant real estate and mining rights shall be KRW 500 million and that the Plaintiff shall be converted into the borrowed amount, and that the Plaintiff shall pay the Defendant KRW 300 million up to March 20, 2014, and KRW 200 million up to March 20, 2015, and that the Plaintiff shall lose the payment due date (hereinafter “quasi-loan agreement”).

Accordingly, on March 27, 2013, the Defendant completed the registration of ownership transfer for each of the instant real estate to D, the representative director of the Plaintiff, on March 27, 2013.

E. On the same day, the aforementioned D created the right to collateral security (hereinafter “instant right to collateral security”) against the Defendant with respect to each of the instant real estate and the building owned by the Defendant, the maximum debt amount of KRW 500 million, the obligor, the Plaintiff, and the mortgagee, as the Defendant.

F. After that, the Plaintiff did not pay the price for each of the instant real estate and mining rights, the Defendant filed an application for a discretionary auction of real estate concerning the subject real estate of the instant right to collateral security with Gwangju District Court G for Promotion of the District Court of Gwangju.

G. In the above auction procedure, real estate for the purpose is sold to others, and dividends are distributed on July 6, 2015.

유사 판례

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-청주지방법원 2015.05.29 2015노26

-청주지방법원 2015.07.16 2012구합1346