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(영문) 서울고등법원 2015.12.30 2014나42938
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. G, H, and I (hereinafter “G, etc.”) lent the name of the building owner from the Plaintiff and three other parties to the building, and the Plaintiff lent the building license and the name of the building owner for the above 102 Do 102 Do Ba (hereinafter “the instant Do Ba”) upon the request of G, and the construction of electric installations was conducted at the time of construction of the instant Do Ba.

B. On July 10, 2009, the Plaintiff entered this case’s loan as the owner and owner on the aggregate building ledger, and completed the registration of ownership preservation in the name of each building listed in the separate sheet.

C. On June 2, 2009, K purchased a building listed in attached Table 2 (hereinafter “instant loan No. 405”) as payment in kind of loan bonds to I on June 2, 2009. The sales contract (Evidence B No. 3) entered the Plaintiff’s name in the seller and affixed a seal on the next page.

On December 3, 2010, at the office of the Korea Real Estate Agent in Qu, Defendant B entered into a lease agreement (hereinafter “the first lease agreement of this case”) with the broker assistant in relation to the lease of this case under 405, the lease deposit of this case, the lease deposit of this case, the lease deposit of this case from December 24, 2010 to December 23, 2012, the lease term of this case was from December 24, 2010 to December 23, 2012, and at the time, the lessor, the lessee, and the lessee of this case entered into a lease agreement of this case (hereinafter “the first lease agreement of this case”) with the broker assistant, and at the above office of the licensed real estate agent and the Plaintiff’s seal was affixed to the Plaintiff’s name subsequent to the said lessor’s name.

In addition, on December 23, 2010, Defendant B paid K a deposit of KRW 60 million at the office of the above licensed real estate agent, and received receipts in the name of the Plaintiff.

E. L is between M and M on June 17, 2009, buildings listed in Paragraph 1 of the attached Table of the object of lease (hereinafter “instant loan No. 101”), lease deposit amount to KRW 50 million, and lease term from July 1, 2009 to June 30, 201.

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