청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On February 15, 2016, the Plaintiff issued to D a promissory note amounting to KRW 11,00,000 at par value, and on June 30, 2016 at the due date (hereinafter “instant Promissory Notes”). If the payment of the said Promissory Notes is delayed, the Plaintiff prepared and issued the instant Notarial Deed stating that compulsory execution shall be accepted.
Since then, D died, and the Defendants and E inherited D's property.
Defendants and E received a decision to commence a compulsory auction on the real estate owned by the Plaintiff on June 1, 2017, based on the instant notarial deed.
(F) On August 22, 2017, the Plaintiff deposited KRW 12,000,000 in future with the Defendants and E.
(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 4, the purport of the whole pleadings.
The Plaintiff asserted that the Plaintiff deposited KRW 12,000,000 in total and KRW 11,000,000 based on the instant notarial deed and KRW 12,00,000 based on the auction cost. Accordingly, the Plaintiff paid all the claims based on the instant notarial deed.
Therefore, compulsory execution based on the above notarial deed should not be permitted.
The Defendants paid 4,553,00 won to the court when they applied for a compulsory auction based on the instant notarial deed. The Defendants also paid 6% interest per annum on the above notarial deed claims.
The plaintiff does not fully repay the above auction costs and interest, and thus the claim of this case is unreasonable.
Judgment
As seen earlier, as seen earlier, the Plaintiff prepared and issued to D a notarial deed to recognize a compulsory execution based on the instant bill while issuing the instant bill to D, so the Defendants may collect the face value of the instant bill and the interest or delay damages therefrom in the compulsory execution procedure based on the instant notarial deed.
As of August 22, 2017, the amount of claims under the Promissory Notes deposited by the Plaintiff to the Defendants shall be KRW 11,755,836.