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창원지방법원통영지원 2016.05.25 2015가단25982

채무부존재확인

Text

1. Defendant B’s obligation against the Plaintiff, Defendant B’s obligation of advance payment of KRW 8,00,000 on October 14, 2013, and Defendant C’s notary public.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Grounds for recognition;

A. Defendant B and D asserted that Defendant D did not have any obligation or obligation with the Plaintiff, since they were operated by Esoca F in the written reply of December 29, 2015, and they lent the title to prepare a notarial deed as stated in the Disposition No. 3 upon F’s request.

According to this, although there are some differences from the cause of the plaintiff's claim, even if the plaintiff's claim is based on the defendant D's claim, there is no obligation of the plaintiff against the defendant D as stated in Paragraph 3 of the Disposition, so the plaintiff's claim is deemed to have been led to

Judgment on Confession (Article 208 (3) 2 of the Civil Procedure Act)

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)