logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.02.10 2016가단31293
채무부존재확인
Text

1. As to the provisional attachment order between the Plaintiff and the Defendant, the Seoul Southern District Court 2012Kadan5208 (hereinafter referred to as the “Defendant”).

Reasons

1. Basic facts

A. On July 27, 2009, the Plaintiff entered into a sales contract with the Defendant to sell an apartment unit with an exclusive use area of KRW 84 to 115 square meters in the D District, which is paid as compensation by the Korea Land and Housing Corporation, to the Defendant for the share of KRW 2,241 square meters in the name of the Defendant and Mine-si, and the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation.

B. The above sales contract was not properly implemented due to the dispute between the Plaintiff and the Defendant, and the Plaintiff and the Defendant, as joint guarantor, continued various provisional seizures and claims for damages.

C. On January 26, 2011, the Plaintiff filed a criminal complaint against the Defendant for the crime of forging private document and uttering, stating that “The fact that the Defendant purchased the right of sale from the Plaintiff and sells it again to the other party that less capital gains tax was paid is only the Plaintiff received KRW 50 million as the sale price of the right of sale, and that the Plaintiff submitted it to the competent tax office, stating that the Plaintiff received KRW 65 million, and submitted it to the competent tax office, thereby having the Defendant bear the additional tax.”

5. On November 6, 2009, when the investigation of the above case was conducted at the prosecutor's office 233 of the Seoul Eastern District Prosecutors' Office, a copy 9 of the original document, including a receipt on November 6, 2009, a real estate sales contract, a report on change of real estate transaction contract, etc., submitted by the defendant, was removed by the prosecutor in charge through a cresh in which the prosecutor in charge was located.

On April 4, 2012, the Plaintiff was charged with false accusation related to the charge of forging the said private document and the charge of larceny of original documents, and was sentenced to a judgment of conviction of two years of suspended execution in August 4, 2012, Seoul Eastern District Court Decision 201Da2707, which was sentenced to a judgment of conviction of two years of suspended execution. The Plaintiff appealed as Seoul Eastern District Court Decision 2012No464, supra.

9. The dismissal of the appeal was completed on 20.20, and the second appeal was filed by Supreme Court Decision 201Do12050, but the appeal was dismissed on December 12 of the same year and the judgment of conviction became final and conclusive.

E. The defendant is due to the plaintiff's rejection and theft.

arrow