재단채권확인
1. The plaintiff's main claim is dismissed.
2. The conjunctive claim part of this case is dismissed.
3...
1. Basic facts
A. The instant sales contract and letter of commitment are prepared 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”).
(B) On December 23, 2008, a real estate sales contract (Evidence A No. 2; hereinafter “instant sales contract”) consisting of KRW 3,800,000 for a seller, buyer, Plaintiff, sales price, KRW 3,800,000 for the purchase price.
A) The sales contract of this case was drawn up. According to the sales contract of this case, the Plaintiff, the buyer, changed the above sales price to a C Bank in the name of the seller B (hereinafter “A Bank in the name of the company”).
"A Bank" in total before and after the change of the name of the Company.
(2) As to the right to collateral security, etc. established on the instant real estate, Article 6 of the Agreement provides that “A (B) shall take measures to change the name at any time even before the remainder payment is made in full upon request for change of the title to the said land; and that “B shall cancel the right to collateral security, superficies, etc., subject to restrictions on E and 5 lots forest land and field land and field land, shall be cancelled before the remainder payment is made.” Meanwhile, as of December 23, 2008, the date of the conclusion of the instant contract, a letter of commitment (Evidence 3-1) with the following content in the name of the representative director of A Bank, F, as of December 23, 2008.
hereinafter referred to as “instant letter of undertaking”).
Although the Defendant asserts to the effect that the authenticity of the above commitment cannot be recognized, according to the statement of No. 3-2 of the above commitment, the representative director of A bank was "F" as of December 23, 2008, which was the date of the preparation of the above commitment, and the seal affixed on the column of the above commitment can be recognized as the same fact as the corporate seal affixed to the above bank as of December 23, 2008, barring any special circumstance, the A Bank’s corporate seal affixed on the instant commitment is presumed to have been authentic, and once presumed to have been authentic, the entire document is authentic in accordance with Article 358 of the Civil Procedure Act.