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(영문) 대전고등법원 2018.05.23 2018나10140
채무부존재확인
Text

1. The judgment of the first instance, including the Plaintiff-Counterclaim Defendant’s principal claim expanded by this court, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The grounds for this part of the facts are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. Plaintiff 1) The assignment order of this case is null and void because it is based on the phrase of recognition and recognition of execution made by an unentitled person. Each assignment contract between Defendant B and Defendant C and D is null and void due to the non-existence of the terms and conditions of suspension. In addition, although Defendant B’s claims against Defendant B are nonexistent or are less than KRW 200 million, E and Defendant B created a false right relationship for the purpose of making a certain obligee repay a letter to a certain obligee by abusing compulsory execution procedure. A notary public who is unaware of the purport of accepting compulsory execution was ordered to prepare a notarial deed stating the purport of accepting compulsory execution, and the other obligees was ordered to receive the assignment order and concealed the claim. This constitutes a violation of anti-social legal act, false indication or good faith principle, and thus, execution pursuant to the assignment order of this case cannot be allowed. Accordingly, even if the Plaintiff’s obligations against the Defendants, and even if not, even if not, the Plaintiff’s counterclaim claim against the Defendants should be deducted from the remaining construction price pursuant to the construction contract of this case, the Plaintiff should be owned and the Plaintiff’s remaining Plaintiff’s land price as follows:

(3) The agreement to deduct KRW 480,000,000,000,000,000,000,000,000,000,000,00 from the price of bank loans and lease deposits, which

B. The instant case.

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