청구이의
1. The Defendant’s notary public against the Plaintiff No. 13 of the year 2013, prepared on January 7, 2013 by the Defendant’s notary public against the Plaintiff (with limited liability).
1. Facts of recognition;
A. On July 17, 2012, the Defendant: (a) fixed KRW 95,00,000 to the Plaintiff on September 17, 2012 as due date for repayment of KRW 2.5% (2,375,000 per month); (b) lent the loan (hereinafter “instant loan”); and (c) C, his/her father, was jointly and severally guaranteed the obligation of the Plaintiff.
In addition, in order to secure the above loan claims, the Plaintiff completed the registration of the establishment of a mortgage on the land and its ground (hereinafter referred to as the “the instant hill real estate”) located in Chuncheon District Court No. 24351, Jul. 18, 2012, which was received on July 18, 2012, the Defendant and the maximum debt amount of 142,50,000.
B. Around January 7, 2013, by a notary public, pursuant to E representing the Plaintiff and the Defendant as both the Plaintiff and the Defendant, a notarial deed of promissory note was drawn up with respect to a promissory note, “Is the issuer, C, the Defendant, the face value of KRW 142,50,000, issue date, July 17, 2012, and Seoul Special Metropolitan City at the time of payment, the date of payment, the place of payment, the place of payment, and the place of payment,” with respect to the promissory note, “Is the bearer of the said promissory note, if any, delays the payment to the holder of the said promissory note, Is that there is no objection even if compulsory execution” (hereinafter referred to as “notarial deed of this case”).
C. The defendant, on the ground that the plaintiff did not repay the loan of this case.
On February 20, 2013, upon the registration of the establishment of a neighboring unit, the Plaintiff voluntarily filed an application for a compulsory auction of KRW 50,000,00,000 with the Seoul Eastern District Court HH on March 26, 2013 on the instant promissory note Nos. 101, 607 (hereinafter “instant apartment”).
After filing the instant lawsuit, the Plaintiff filed an application with the Seoul Central District Court 2014Kao3446 to suspend compulsory execution based on the instant notarial deed, and the said court filed a motion to suspend compulsory execution.