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1. Ascertainment that there is no obligation listed in the separate sheet against the Defendant by the Plaintiff.
2. The costs of lawsuit shall be.
Reasons
1. Facts of recognition;
A. On January 8, 2018, in order to conduct solar power generation business by lending the name of the Plaintiff, C, the Plaintiff, obtained a certificate of seal imprint, etc. solely from the Plaintiff for the purpose of owning solar power plants and operating a corporation, thereby establishing D Co., Ltd. (hereinafter “instant company”).
B. On April 24, 2018, C purchased from E the name of the Plaintiff for the solar energy generation project, the main business of the instant company, KRW 270,000,000 for KRW 98,579 square meters of forest land in Gangseo-gu, Gangwon-do (hereinafter “instant forest”).
E has completed the registration of partial transfer of ownership on July 25, 2018 under the Plaintiff’s name with respect to the portion of 28929/9 of the forest land of this case, including the Youngcheon District Court’s monthly support, etc.
C. During the purchase process of the above land C borrowed the purchase fund from the Defendant.
C without the Plaintiff’s consent, with the Plaintiff’s seal imprint affixed, the Plaintiff offered to the Defendant a loan certificate with the content that “A shall pay 160 million won to the Defendant up to January 10, 2019.”
The Defendant executed the provisional seizure of real estate by the Seoul Western District Court 201Kadan2222 with regard to the forest of this case as the claim amounting to KRW 30,000,000 out of KRW 160,000 on the above loan certificate.
[Reasons for Recognition] No dispute exists, entry of Gap evidence 1 to 12, witness C's testimony, the purport of whole pleadings
2. According to the above facts of recognition, the name of the borrower on the above loan certificate is forged, and thus, it has no effect on the plaintiff as the principal. Thus, there is no obligation listed in the attached list against the plaintiff as to the defendant, and as long as the defendant files an application for provisional seizure against the plaintiff, demands for repayment, etc., there is a benefit to seek confirmation.
3. citing the Plaintiff’s claim.