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(영문) 서울중앙지방법원 2015.10.02 2015가합522151
채무부존재확인
Text

1. It is confirmed that each obligation listed in the separate sheet does not exist between the Plaintiff and the Defendants.

2. The costs of lawsuit shall be.

Reasons

1. Indication of claim;

A. On April 26, 2014, H and I conspireded to borrow money from Defendant B, a credit service provider, and forged a lease agreement with the Plaintiff as to J 635 of Gangnam-gu Seoul (hereinafter “instant officetel”) owned by the Plaintiff as a lessor, Defendant B as a lessee, and the lease deposit amount of KRW 35 million.

B. He borrowed money from the remaining Defendants even thereafter without obtaining the Plaintiff’s permission or consent, and as indicated in the attached Table, H and I forged a lease agreement with the Plaintiff as a lessor on the instant officetel, etc. as a security for the relevant loan, and forged the remainder of the Defendants as a lessee, and ② bears the guaranteed obligation under the Plaintiff’s name with respect to H’s loan loan obligation, or bears the direct loan obligation under the Plaintiff’s name.

C. As a result, the Plaintiff entered into a provisional attachment of the real estate owned by the instant officetel, etc. based on the above-mentioned lease contract, etc., and thereafter, the Plaintiff became at risk of filing a lawsuit and compulsory execution against the Defendants.

However, the above lease contract, etc. is invalid since H and I forged the name of the plaintiff, and therefore, the plaintiff seeks confirmation to the effect that there is no obligation as stated in the attached Form against the defendants.

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

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