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(영문) 서울북부지방법원 2016.06.17 2015나1237
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 20, 2006, the Plaintiff’s father-D entered into a sales contract with E with respect to the instant real estate on behalf of the Plaintiff who was studying abroad, and completed the registration of ownership transfer under the name of the Plaintiff on January 17, 2007, and completed the registration of ownership transfer under the name of the Plaintiff on the same day to the Defendant, the Defendant, the maximum debt amount of KRW 144,00,000, and completed the registration of ownership transfer with respect to the Plaintiff, the Han Bank, the Plaintiff, and the maximum debt amount of KRW 110,40,000 on April 16, 2008.

B. On November 15, 2009, D entered into a lease agreement with the Defendant on behalf of the Plaintiff (hereinafter “instant lease agreement”) with respect to the instant real estate on behalf of the Plaintiff, with the lease deposit of KRW 70 million and the lease term of two years (hereinafter “the instant lease agreement”). As a special agreement, D state that “The deposit amount of KRW 50 million was paid with the thickness of the D, if any, the sublease is allowed, and the occupancy date is later determined as the present lessee.”

The lease contract of this case contains the Plaintiff’s seal imprint affixed with the Plaintiff’s seal imprint, and the Plaintiff’s seal imprint issued on behalf attached with the Plaintiff’s seal imprint certificate. The above certificate of seal imprint stated the purpose of use as “Seoul Northern-gu Seoul Metropolitan Government 10/9 for lease delegation,” and then the Plaintiff’s seal imprint affixed on

C. The Defendant completed a move-in report on February 7, 201, which was after the previous lessee left away according to the terms and conditions of the instant lease agreement, and resided after receiving a fixed date.

The Plaintiff returned to the Republic of Korea after studying on December 16, 2007. At the same time, the registration of ownership transfer was completed with F on April 2, 2014 due to the sale and purchase of the instant real estate on February 18, 2013, and the registration of establishment of a neighboring mortgage in the name of the National Bank of Korea and the Han Bank Co., Ltd. was cancelled, and the new mental health cooperative (hereinafter “new health cooperative”) on the same day is the debtor F and the maximum debt amount on the same day.

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