beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion did not directly prepare the loan transaction agreement of this case, and there was no fact that the Plaintiff received the loan.
The starting date of the loan is the public column, and on December 31, 2012, the date of expiration of the loan is not the completion of the plaintiff, and the defendant voluntarily prepares and exercises it on the plaintiff.
The Plaintiff is scheduled to claim against the Defendant for the return of unjust enrichment of KRW 122,4630,000 against the Defendant with the confirmation that the loan transaction agreement of this case was forged by the Defendant. However, there is a benefit to seek the confirmation of the authenticity of the loan transaction agreement of this case.
2. Judgment on the main defense of this case
A. The Defendant’s assertion that the loan transaction agreement of this case was concluded by filing a lawsuit for the return of the sale price and the confirmation of the existence of the obligation (Seoul High Court Decision 2012Gahap9085, Seoul High Court 2015Na2062423, Seoul High Court 2017Da211290, hereinafter “the prior lawsuit of this case”) against the buyer, including the Plaintiff, in the process of implementing a collective loan for the payment of intermediate payment by several buyers including the Plaintiff related to the Jung-gu Incheon Jung-gu B apartment, Incheon, which was sold by Masan Construction Co., Ltd. (hereinafter “Masan Construction”), and the judgment was concluded by filing a lawsuit for the confirmation of the authenticity of the deed of this case against the buyer, etc.
B. (1) A lawsuit for confirmation of the authenticity of a deed is a lawsuit to confirm whether the document was forged or altered, unless it was written by the person in whose name the document was written, and the independent lawsuit is allowed for confirmation of the fact, which is the authenticity of the document, as such, by a judgment, as a result of the failure to dispute the authenticity of the document between the parties when it becomes final and conclusive.