(영문) 대전지방법원천안지원 2015.09.22 2014가합2504



1. The defendant's notary public against the plaintiff was 205 No. 529, which was prepared on March 10, 2005 by Cheongamam Law Firm.


Basic Facts

The Plaintiff and the Defendant concluded a partnership business agreement with the Plaintiff and the Defendant, and established C (Co., Ltd. D before the alteration; hereinafter “C”) for the purpose of manufacturing and selling automobile parts on February 28, 2003.

The Plaintiff and the Defendant agreed to liquidate the partnership relationship around December 2004. At that time, the Plaintiff agreed to accept C’s shares issued by the Defendant and operate C, and the Plaintiff agreed to pay KRW 480 million to the Defendant with the subscription price for shares.

On March 10, 2005, the plaintiff-type E and the defendant set up a notarial deed with interest of KRW 280,000,000 as interest rate of KRW 10,000,000,000 to the defendant on March 31, 2006, and Eul paid KRW 100,000,000,000 to the defendant on March 31, 2006, KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 as interest rate of KRW 10,00,000,00,000 to the defendant.

Based on the original copy of the instant notarial deed, the Defendant filed an application for a compulsory auction with respect to F 1,646 square meters, G 4,842 square meters, and H 1 square meters, which are owned by the Plaintiff, on the basis of the original copy of the instant notarial deed. On July 2, 2014, the instant court issued an order to commence the auction procedure with respect to the said real estate on the first hand.

[Reasons for Recognition] In full view of the facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 6-1, 2, Eul evidence 7-1, 2, Eul evidence 8-5, Eul evidence 5, Gap evidence 3-1, 2, and Eul evidence 4, Gap evidence 3-2, and the court's order to submit financial transaction information to the Nonghyup Bank Co., Ltd. on October 15, 2014, and the whole purport of arguments, Eul withdrawn 300 million won from the deposit account in the name of defendant's office as representative director to the defendant on July 19, 2005, and delivered them to the defendant on July 19, 2005.