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(영문) 청주지방법원 2017.12.13 2017가합201498
채무부존재확인
Text

1. Certificates prepared on March 13, 2017, by notary public C office belonging to the Cheongju District Prosecutors' Office against the plaintiff's defendant.

Reasons

1. Basic facts

A. On October 29, 2015, a sales contract with regard to the seller E, the buyer, the Defendant, and the F, the purchase price of KRW 90,000,000 was formulated for the seller’s non-party D and one parcel, and on the same day, a sales contract with regard to the above non-party B and two parcels was formulated for the seller’s H, the buyer, and the F, the buyer, and the F, the purchase price of KRW 10,000,000, and on the same day, a sales contract with regard to the above non-party B and the above non-party six parcels (hereinafter referred to as “the instant self-party real estate”), was formulated for the seller’s and L, the buyer, the Defendant, and the F, the purchase price of KRW 1,100,000.

B. 1) On February 17, 2017, M drafted a sales contract with N’s 3/21 share of N’s 3/21 share of the purchase price among two parcels outside of 8,727 square meters and 144,286,000 won in the petitioner-gu, Cheongju-si. On the same day, M drafted a sales contract with regard to the share of P and Q’s 15/105 share of KRW 14,286,00 in the purchase price for the aggregate of 15/105 shares of P and Q 8,727 square meters and two parcels outside of 8,727 square meters in the petitioner-gu, Cheongju-si, and the Plaintiff prepared the sales contract with regard to shares of M’s 6/21 share of KRW 288,572,00 in the purchase price for each of the aforesaid parcels [27/27, 2017, 27/27, 2017].

C. On March 13, 2017 at the commission of T and the Defendant’s representative director, a notarial deed stating that “the Plaintiff borrowed KRW 220,000,000 from the Defendant on March 13, 2017 without setting the due date for payment as of October 30, 2017” was prepared by the Defendant’s C Office 2017, which belongs to the Cheongju District Public Prosecutor’s Office (hereinafter “instant notarial deed”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 12 evidence, Eul evidence 2 (including evidence with a provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1.

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