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(영문) 대구지방법원경주지원 2016.12.23 2015가합2461
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s obligation to the Defendant stated in the separate sheet does not exist.

2. This Court.

Reasons

1. Facts of recognition;

A. The status of the parties to the defendant clan is a clan consisting of descendants who are 19 years of age of C C, the members of D, and the plaintiff is the members of the defendant clan from 1966 to 2012, and was the representative of the defendant clan.

B. 1) Defendant clan as farmland, each of the real estate listed in the separate sheet of real estate (hereinafter “each of the real estate of this case”) for which registration of ownership transfer was impossible under Defendant clan’s name, as farmland, and according to the above list of real estate, “No. 1 (No. 9) real estate of this case” respectively.

[2] On January 25, 2005, the defendant clan agreed to set up a right to collateral security on each of the instant real estate in order to secure the future damage claim or the claim for return of unjust enrichment against the disposal entity of the defendant clans, which may occur when the rights of the defendant clans are infringed on due to the title trustee's voluntary disposal, etc. As to each of the instant real estate on January 25, 2005, the debtor, as to each of the instant real estate on which January 25, 2005, had purchased and completed the registration of ownership transfer under the name of the clans. 2) At the same time, the defendant clans agreed to set up a right to collateral security on each of the instant real estate in order to secure the claim for return of unjust enrichment against the disposal entity of the defendant clans. The debtor, as to each of the instant real estate on January 25, 2005, the debtor, F, G, L, M, N,O, and creditor, the maximum debt amount of debt amount of the defendant clans and the joint mortgage amount of 2.

3) The current status of shares of each real estate of this case, which was held in title by Defendant clan members at the time the establishment registration of the neighboring real estate of this case was completed, is as listed in the table 1 below (hereinafter referred to as "each shares of this case" in each real estate of this case.

In this case, the title trust share in the object of title trust is subject to the title trust agreement.

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