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(영문) 수원지방법원 2016.01.22 2014가합5350
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 2007, the Promissory Notes in the name of the Plaintiff were issued.

B. On November 17, 2008, the Defendant prepared a notarial deed on the Promissory Notes as an issuer’s agent and an addressee’s agent under No. 692 of the No. 2008.

C. On October 13, 2014, the Plaintiff sought confirmation of non-existence of the Promissory Notes’s obligation, which was the cause for the preparation of the said Notarial Deed, by the instant lawsuit, filed a lawsuit of demurrer against the Defendant seeking non-performance of compulsory execution based on the said Notarial Deed as the court 2014Gahap12624.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence No. 3, the purport of the whole pleadings

2. We examine ex officio the legitimacy of the lawsuit of this case, and seek confirmation of the absence of the obligation of this case, which was the cause of the preparation of the notarial deed of this case, by the lawsuit of this case, by the plaintiff, the non-existence of the obligation of this case is intended to exclude the defendant from compulsory execution against the property owned by the plaintiff with the title of execution of the notarial deed of this case. As long as the lawsuit of objection sufficient to achieve this purpose had already been filed as above, it is reasonable to view that there is no benefit to seek confirmation of the non

3. It is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit of this case as unlawful.

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