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(영문) 제주지방법원 2015.02.03 2014가단11047
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s obligation stated in the separate sheet of claims against the Defendant has been discharged.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. From November 6, 2002, the Plaintiff was liable to the Defendant for the obligations indicated in the attached Form No. 1 (hereinafter “instant obligation”) due to the lease of a house with a size of 680 square meters and a house on land, which is State property, to the Defendant.

B. The Plaintiff filed a discharge and a petition for bankruptcy with Jeju District Court Decision 2008Da8777 and 2008Hadan877, and was granted a decision to grant immunity on August 7, 2009 (hereinafter “instant decision to grant immunity”), and the decision to grant immunity on the 22th of the same month became final and conclusive.

C. The Plaintiff did not enter the instant obligation in the creditors list submitted at the time of the above bankruptcy and application for immunity.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.

2. Determination

A. Determination on the cause of a claim 1) Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor shall be entitled to a bankruptcy claim against the property claim arising prior to the declaration of bankruptcy" and Article 566 of the same Act provides that "a debtor who has been exempted from liability shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims." Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of Article 566 (proviso) of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). 2) In light of the above facts and legal principles, barring any special circumstance, barring any special circumstance, the claim of this case constitutes a property claim arising from the cause prior to the declaration of bankruptcy, and thus, constitutes a bankruptcy claim and thus, the plaintiff's liability is exempted, and as long as the defendant contests this claim, the plaintiff may seek confirmation

B. As to the Defendant’s assertion, the Defendant, 1, from around 2003, receives a notice of guidance on rent from the Plaintiff’s wife C.

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