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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단79274

승계집행문부여에 대한 이의

Text

1. The Defendant’s notary public against the Plaintiff is undertaking compulsory execution based on the No. 458 of the D Deed No. 458 of 2017.

Reasons

The Plaintiffs, on March 26, 2016, contracted to E Co., Ltd. (hereinafter referred to as “E”) for the construction of a multi-family house on the F-ground ground (hereinafter referred to as “instant construction”) to KRW 639,00,000 for the construction cost.

(hereinafter “instant contract”). Although the instant construction project was conducted by the Defendant, who was a type of the E representative director G, the Plaintiff and the Defendant, and E were different due to the defect repair problems of the instant construction project, the Plaintiffs refused to pay the remainder of the construction price.

On July 4, 2017, the Plaintiffs drafted an authentic deed No. 458, 2017, No. 458 (hereinafter “notarial deed of this case”) with the purport that “the Plaintiffs verify that the remainder of the construction price of this case KRW 639,00,000 is KRW 67,50,000 at present, and shall be paid to E by March 31, 2018, and shall be subject to compulsory execution at the time of non-performance.”

At the time of the preparation of the instant notarial deed, the Plaintiffs and E agreed to the effect that “The defect repair period is until December 31, 2017 with respect to the performance of the defect repair work of this case,” and that “if the Plaintiffs first provide E with a written estimate of the defect repair work of this case and consent thereto (within three days), the defect repair work shall be carried out through another company, and the amount required for the defect repair work shall be repaid at the time of repayment of the remainder of the construction work” (hereinafter “the instant additional agreement”) was notarized as well.

On the other hand, the E representative Director G did not perform the contents of the repair performance among the instant additional agreements made on July 4, 2017, and even if the Plaintiffs did not pay the remainder of the construction.

except that if the above is confidential to the defendant, and if this agreement is introduced to the defendant, this agreement shall be null and void, the agreement shall be called "the agreement in this case."

After preparing the agreement, G and the plaintiffs are written in the above agreement.