증서진부확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the heir of the deceased D (Death on June 17, 2014, hereinafter “the deceased”).
B. From October 27, 2008 to June 22, 2012, C loaned a total of KRW 140,000,000 to the Deceased, and the Deceased decided to pay the above loan to C by the end of December, 2013, and filed a lawsuit claiming the registration of ownership transfer against the Plaintiff who is the heir of the Deceased, by asserting that “C borrowed the above loan to C by the end of December 22, 2013.” The judgment of the appellate court rendered on November 17, 2015 (Scheon Branch Branch Branch Branch Branch Branch Office 2015Na684) decided that “C’s claim is dismissed” and the reasons for the judgment are as follows: (a) although the cash storage certificate submitted by C contains the aforementioned contents as alleged above by C, it cannot be recognized that the said cash storage certificate was prepared according to the deceased’s will, and thus, it cannot be admitted as evidence to acknowledge otherwise, and there is no other evidence to acknowledge C’s assertion.
On March 10, 2016, C filed a final appeal, which became final and conclusive on March 10, 2016.
C. The Defendant filed a lawsuit claiming a loan (Seoul District Court 201Da2537777) against the deceased by asserting that “140,000,000,000 won on the cash custody certificate as of June 22, 2012, which was the first 140,000,000 won, was invested in C,” and withdrawn the lawsuit on January 3, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, significant facts in this court, purport of the whole pleadings
2. The Plaintiff’s assertion that the deceased did not borrow money on the cash custody certificate as of June 22, 2012. As such, the Plaintiff, the inheritor of the deceased, did not bear the obligation to borrow money against the Defendant claiming that he/she acquired the claim on the cash custody certificate as of June 22, 2012.
Therefore, the Defendant’s transfer contract No. 1 and No. 1 (hereinafter referred to as “A”) prepared to the effect that the Defendant acquired the loan claims under the cash custody certificate as of June 22, 2012.