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(영문) 대구고등법원 2017.12.13 2017나20266
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

The status of the parties to the defendant clan is a clan consisting of descendants who jointly set up the 19 years of age of C D, and the plaintiff is a member of the defendant clan from 1966 to 2012, who was the representative of the defendant clan.

The defendant clan, as farmland for which the registration of ownership transfer is impossible under the name of the defendant clan, can complete the registration procedure for ownership transfer only with the qualification certificate for acquisition of farmland under Article 8 of the Farmland Act when filing an application for the registration of ownership transfer. The defendant clan could not complete the registration procedure for ownership transfer in the name of the defendant clan because it did not obtain the qualification certificate for acquisition of farmland for the real estate

After concluding a title trust agreement with a clan member who could have been issued a qualification certificate for acquisition of farmland for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) according to the above list, each of the instant real estate was purchased in the name of the clan members and completed the registration of ownership transfer.

Around January 2005, Defendant clan agreed to set up a collateral security on each of the instant real estate in order to guarantee the future damage claim or the claim for return of unjust enrichment against the disposal entity of the Defendant clan, which may occur when the rights of the Defendant clan regarding each of the instant real estate are infringed on due to the trustee’s voluntary disposal, etc. On January 25, 2005, with respect to each of the instant real estate on January 25, 2005, the debtor, with respect to each of the instant real estate on January 25, 2005, the Plaintiff, F, G, H, H, I, K, K, L, M, N,O,O, creditor, the Defendant clan, and the 2.5534444 of the Daegu District Court Branch of the Daegu District Court on January 25, 2005, which was supported by the joint registration of creation of a collateral security on each of the instant real estate.

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