beta
(영문) 인천지방법원 2016.05.10 2015가단66990

청구이의의 소

Text

1. The defendant's notary public against the plaintiff is based on the notarial deed No. 252 of 2010.

Reasons

1. The fact that the notary public of June 16, 2010 prepared the notarial deed No. 252 of 2010, 2010 between the Plaintiff, etc. and the Defendant on the ground of the claim that “the Plaintiff, etc. borrowed KRW 100 million from the Defendant, etc. on July 7, 2010 on the date of maturity of payment on July 7, 2010 and 30% interest per annum from the Defendant on the date of maturity of payment to the seven days per month from April 7, 2010 to the date of repayment of principal” was prepared between the Plaintiff, etc. and the Defendant. After that, on January 4, 2012, the fact that the Plaintiff, etc. completed the registration of the Incheon District Court’s registration of No. 1302 of the D Building No. 1302, which was owned by the Plaintiff to the Defendant on January 4, 2012, and the said notarial deed was discarded by the parties.

Therefore, since the above notarial deed has become null and void, compulsory execution based on the above notarial deed against the plaintiff should not be permitted.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.