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(영문) 춘천지방법원 2017.05.18 2017가단50658
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, and there are no counter-proofs.

On December 18, 2006, Defendant B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 4, 2013, between the Plaintiff and Defendant B, the Seoul Family Court 2012ddan65587 and the mediation date of the case of divorce and consolation money between the Plaintiff and Defendant B, the Plaintiff and Defendant B were divorced. ② Defendant B performed the registration procedure for transfer of ownership for one-half portion of the instant real estate on the grounds of division of property by October 31, 2013, and ③ the Plaintiff takes over one-half of the obligation to refund the deposit for lease on a deposit basis of the instant real estate. ④ The Plaintiff was established a voluntary conciliation (hereinafter “instant conciliation”) including the content that the Plaintiff is entitled to receive the amount equivalent to one-half of the monthly rent of the instant real estate.

C. On March 22, 2014, Defendant C entered into a lease agreement with Defendant B to lease the instant real estate from April 25, 2014 to April 25, 2016 with the lease term of KRW 180,000 (hereinafter “instant lease agreement”).

On November 19, 2014, the Plaintiff registered partial transfer of ownership on October 4, 2013 with respect to one-half portion of the instant real property from Defendant B on the basis of the division of property.

E. The Plaintiff and Defendant B filed a lawsuit against the Plaintiff and Defendant B seeking payment of KRW 180,000,000 for the lease deposit of the instant lease agreement on August 17, 2016, on which the Plaintiff and Defendant B jointly paid KRW 180,000,000, and the said judgment became final and conclusive.

hereinafter referred to as "the confirmation of this case".

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