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(영문) 대구지방법원서부지원 2015.06.17 2014가단32810

채무부존재확인

Text

1. Certificates drawn up on April 13, 2004 by the defendant's notary public against the plaintiffs in Daegu High-dong Joint Law Office. < Amended by Act No. 7189, Apr. 13, 2004>

Reasons

1. The plaintiffs and the defendant jointly and severally pay 40 million won to the defendant from April 15, 2004 to 40 months. The plaintiffs shall pay 40 million won to each of the above 40 million won to the defendant. The plaintiffs shall, if they delay once, lose the benefit of time and immediately pay the remainder of money and damages for delay calculated at the rate of 12% per annum from the next day of the delay to the date of complete payment (hereinafter "notarial deeds of this case"). The defendant shall prepare the notarial deeds of debt repayment contract No. 1059 of 2004 (hereinafter "notarial deeds of this case"). The defendant shall not receive 40 million won of the above notarial deeds of this case from the plaintiffs on April 15, 2004 to the date of complete payment, and the defendant shall not have any dispute over the notarial deeds of this case between the parties to this case and the notarial deeds of this case, and the defendant shall not have the purport of the notarial deeds of 2014.215.2814

2. The assertion and judgment

A. The Plaintiffs’ assertion that Plaintiff A was believed to have dealt with the insurance relationship of the ordinary plaintiffs, and that the Defendant received the title trust of the ownership of 661/38,924 shares out of 38,924 square meters of land E, Daegu-gu, Daegu-gu, where the Defendant received payment in lieu of claims against D on September 9, 200.

However, on February 7, 2004, there was a provisional disposition prohibiting the disposal of the above shares which were transferred to the Plaintiff B on the ground of donation to the Plaintiff, and the decision to commence compulsory sale of the above shares on September 5, 2005 after the registration of cancellation of the ownership transfer registration was made on August 29, 2005. On the ground of this, the Plaintiffs made and issued the instant notarial deed to believe that a notary public was accompanied to the Daegu High-do Joint Law Office upon the Defendant’s request on April 13, 2004, and that there was no problem.

If so,