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(영문) 서울동부지방법원 2018.05.16 2017나23556
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On September 27, 2013, the Plaintiff entered into an agreement with C and D (hereinafter “D”) that “The Plaintiff shall obtain from C and D all the permissions, such as development activities, diversion of farmland, and construction approval, on the land outside E (hereinafter “instant project site”), and shall pay C and D KRW 200 million in return for the succession (hereinafter “first agreement”).

B. On October 18, 2013, the Plaintiff entered into an agreement with C, D, F, etc. that “The Plaintiff shall pay KRW 200 million to F as a benefit arising from the Plaintiff’s succession to all the permission rights, such as development activities, farmland conversion, and building approval, on the instant land from C and D” (hereinafter “the second agreement”).

C. On December 5, 2014, C and D entered into an agreement on the transfer of claim between the Defendant and D with the effect that “C and D transfer the claim amounting to KRW 200 million (hereinafter “instant claim”) with respect to the succession of the right to permission as stated in the foregoing paragraph (a) to the Defendant,” and notified the Plaintiff by content-certified mail on December 26, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the defendant asserts that the part of the D's seal of the agreement cannot be acknowledged as being affixed by C without the authority to prepare the above agreement, but the following 3

B. The above assertion cannot be admitted as seen in paragraph (1).

Each entry of No. 5, the purport of the whole pleadings

2. On October 18, 2013, the date of the first agreement with the Plaintiff, C, D, and F on the cause of the claim, and before the claim in this case was transferred to the Defendant, the second agreement was made that “the Plaintiff shall pay KRW 200 million to F as a benefit arising from the succession of all the permission rights, such as development activities, farmland conversion, and construction approval, to the instant land from C and D,” and thus, the Plaintiff shall pay to C and D in accordance with the first agreement.

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