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(영문) 춘천지방법원원주지원 2019.01.10 2018가합5481
채무부존재확인
Text

1. The Plaintiff’s real estate indicated in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant B and the Plaintiff (Counterclaim Plaintiff) C.

Reasons

1. Basic facts

A. Defendant C is the Plaintiff’s form of punishment, and the Defendants are punished.

B. On April 4, 2014, the Plaintiff completed the registration of ownership transfer for the instant apartment on July 9, 2012.

C. On April 4, 2016 between the Plaintiff and Defendant C, a lease agreement of KRW 190,000 was made between the Plaintiff and Defendant C regarding the instant apartment.

On November 21, 2016, Defendant B received 357,746,200 won from Defendant C’s original state branch court’s original state branch court’s order of seizure and assignment of the claim amounting to KRW 357,746,200.

(Reasons for Recognition) The fact that there is no dispute over Gap's 1, 2, and 4, Eul's evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination on the main claim

A. 1) Determination on the Plaintiff’s claim for confirmation of non-existence of an obligation 1) The purport of the Plaintiff’s assertion is that the person who actually purchased the instant apartment is Defendant C and his denial D (the Plaintiff’s opinion), and only the Plaintiff lent his name. Therefore, the Plaintiff’s lease contract was not concluded between the Plaintiff and the Defendant C. Therefore, there is no obligation to refund the Plaintiff’s lease deposit against Defendant C. Moreover, Defendant C is also a false claim. Also, in full view of the following circumstances, which can be recognized by the overall purport of the entries and arguments in the evidence Nos. 4, 5, and 11, and all of the following circumstances, each entry in the evidence Nos. 1 through 3, E bank’s financial transaction information meeting alone is insufficient to acknowledge the fact that the lease contract was concluded between the Plaintiff and the Defendant C, and there is no other evidence to acknowledge it. A. It is deemed that Defendant C and D actually assumed the purchase fund of the instant apartment.

The preparation of a lease contract between the plaintiff and the defendant C is to obtain a lease deposit from the defendant C to raise the purchase fund for the apartment of this case.

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