(영문) 청주지방법원 2017.04.19 2016가합22056

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(영문) 청주지방법원 2017.04.19 2016가합22056

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. Facts of recognition;

A. 1) On May 29, 2015, the Plaintiff and the Defendant: (a) on real estate listed in the Plaintiff’s attached Table 1 list (hereinafter “instant building”).

(B) the entire 4th floor building on the ground B (hereinafter referred to as the “instant building, etc.”) in Cheongju-gu, Chungcheongnam-gu.

(2) A contract between the Defendant and the Defendant on the exchange of the 1,500 square meters in Cheongbuk-gun, Chungcheongbuk-do, D forest land 1,602 square meters in Cheongbuk-gun, Chungcheongnam-do, Chungcheongnam-do, and the 3,592 square meters in Cheongju-si and the 2,106 square meters in Cheongju-si in Cheongju-si as follows (hereinafter “instant exchange contract”).

A) The Defendant, “B,” and “B,” refer to the Plaintiff.

2) Upon entering into this exchange contract, the exchange difference (A) between the parties to the contract shall be entered into as follows. There is no exchange difference: Article 1(1) and B shall deliver to the other party all documents concerning the transfer of ownership and other transfer of rights at the same time as the exchange difference is received, and shall exchange all documents on the date of the exchange of goods at the time when the exchange difference does not occur. The special terms and conditions of the contract No. 19, including the instant building, No. 20, and No. 21 (hereinafter collectively referred to as “instant attachment and provisional attachment”).

B) B until June 30, 2015. From the perspective of cancelling the instant building until June 30, 2015, the secured obligation of KRW 820,00,000,00, which was the maximum amount of claims (the maximum amount of claims 1,144,000,000) No. 14 of the instant building, shall be succeeded by Gap. 2) On the other hand, as to the instant building at the time of the instant exchange contract, the owner of the instant building was registered as G. On April 10, 2013, the priority order number of column A was 19: (a) the holder of the right on April 10, 2013; (b) the attachment registration was made as the attachment on April 8, 2013; (c) the attachment registration was made as the owner of the right on June 12, 2013; (d) the attachment registration was made as the attachment registration on June 12, 2013; (e.g., the creditor No. 1313131,14

유사 판례

-대전고등법원(청주) 2017.11.28 2017나5687

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