beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract with the Plaintiff for the exchange of 7 parcels of land F in Namyang-si, which had been owned by the Defendant under the name of another person (hereinafter “instant exchange contract”).
Then, upon the Plaintiff’s delegation, the Defendant sold E-building to G Co., Ltd., and omitted the registration of the Defendant’s name, and transferred ownership to the said company. At the time of the instant exchange contract, the Defendant, along with the Plaintiff’s secured loan obligation of KRW 2 billion, 160,000,000 that the Defendant agreed to succeed, demanded the Plaintiff to pay KRW 160,000,000 to the Plaintiff by subrogation. Accordingly, the Plaintiff, as a notary public, as 2016 and 299, as 2016 and 160,000,000 won in money loan agreement (hereinafter “instant authentic deed”).
However, in fact, the defendant did not pay the plaintiff's credit loans on behalf of the defendant, and the corporation G succeeded to its obligation, and the contract for monetary loan on the notarial deed of this case is made by the defendant's deception and thus the declaration of intention by deception can be revoked (Article 110 of the Civil Code), and the above decision shall be made in advance as the revocation argument.
Therefore, the Plaintiff seeks confirmation against the Defendant that there is no obligation under the monetary loan contract of this case.
2. Determination
A. The defendant's defense against the defendant's main defense is the only lawsuit for the confirmation of existence of the obligation of this case filed by the plaintiff to exclude the executory power of the notarial deed of this case, and it is unlawful as there is no benefit of confirmation.
After the obligor assumes a debt obligation to the obligee and prepares and executes a notarial deed containing a statement of acceptance for compulsory execution in relation thereto, the notarial deed is not subject to any objection against the claim.