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(영문) 서울중앙지방법원 2018.04.11 2017가합568120
채무부존재확인
Text

1. On December 1, 2017, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 276,016,782 and KRW 255,642,418 among them.

Reasons

1. Basic facts

A. From October 28, 201 to October 31, 2012, the Defendant transferred total of KRW 683,420,000 to the Plaintiff, a company established for the purpose of real estate sales business, etc.

B. On November 21, 2011, the Defendant completed the registration of ownership transfer on the part of the Defendant with respect to the share of the Defendant among the amount of 20,510 square meters in Hongcheon-gun, Hongcheon-gun, Daejeon-gun, with respect to the share of the Defendant among the amount of 20,625 square meters in C forest land; on January 4, 2012, with respect to the share of the Defendant among the amount of 13,436 square meters in D forest land; on the part of the amount of 7,440 square meters in E forest land; on the part of the amount of 13

C. On May 10, 2012, the Plaintiff completed the registration of ownership transfer based on a voluntary auction with respect to G forest 9,917 square meters in Seopo-si, Seopo-si, Seopo-si, Seopo-si, for the sale of forest land 9,917 square meters. On May 30, 2012, the Plaintiff completed the registration of ownership transfer with respect to the said forest land with the Defendant as a mortgagee at KRW 300,000,000 with the maximum debt

On October 31, 2012, 200,000 won out of the amount invested by the Plaintiff to the Defendant KRW 500,000,000,000, and KRW 200,000,000 on November 30, 2012, and KRW 100,000 on December 31, 2012, and KRW 100,000 on January 30, 2013, and on January 30, 2013, the investment certificate with the effect that each redemption is made on January 30, 203, and the investment amount of KRW 160,00,000 out of KRW 160,00 on January 30, 2013, appears to have been written in writing as of February 30, 2013.

In addition, each investment certificate (hereinafter referred to as the "investment certificate of this case") was prepared to provide a total of KRW 660,000,000 as stated in the investment certificate of this case.

E. After preparing the instant investment certificate, the Plaintiff paid KRW 43,00,000 to the Defendant on November 43, 2012, KRW 21,000,000 on December 21, 2012, KRW 20,000 on January 20, 2013, and KRW 9,000,00 on February 9, 2013.

After that, the Plaintiff’s total of KRW 105,50,000 from March to December 2013, and KRW 127,500,000, total of KRW 57,000,000 from January to December 2014, and total of KRW 51,00,000, total of KRW 51,00,000 from January to December 2016, and total of KRW 9,000 from January to June 2017.

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