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(영문) 서울서부지방법원 2020.09.24 2020가합30675

청구이의

Text

1. Promissory notes No. 451 dated August 16, 2017, which were signed by the Defendant’s notary public against the Plaintiff by Law Firm C, signed on August 16, 2017.

Reasons

1. Basic facts

A. On June 9, 2015, the Plaintiff entered into a sales contract between the Plaintiff and D with respect to the sale of the ownership of the housing site of the E district (hereinafter “instant sale right”) that the Plaintiff would have been supplied by the Korea Land and Housing Corporation to D for KRW 135 million (hereinafter “the first sale contract of this case”), and received full payment of the sales price.

(A) Nos. 1, 2, 13.b.

D Resale of Promissory Notes and No. 1) D, around August 2017, shall resell the right to sell the instant Promissory Notes to the Defendant again (hereinafter referred to as “No. 2 sale contract of this case”).

(2) On August 16, 2017, a promissory note with a face value of KRW 3.50 million in the Plaintiff’s name (hereinafter “instant promissory note”) was issued to the Defendant. On the same day, a notary public drafted a notarial deed of promissory note (No. 3 and No. 7) (hereinafter “instant notarial deed”) to the effect that “the Plaintiff accepts compulsory execution in the event of the issuance and signature of the instant promissory note as the person holding the issuance and seal of the instant promissory note and delay in the payment of the amount,” under Article 451 of the C Deed.

The name of the defendant was stated in the column for the client of the notarial deed of this case as the issuer's agent and the addressee.

C. On November 1, 2019, the Korea Land and Housing Corporation, a project implementer, announced that a housing site supply contract will be concluded between December 20, 2019 and December 18, 2019 (Evidence A 4) with a housing number F, and a housing site of 258 square meters in size located in G (hereinafter “instant housing site”) with the Korea Land and Housing Corporation around December 20, 2019, the Plaintiff, as a result of a lottery, was supplied with a housing site of 258 square meters in size located in G (hereinafter “instant housing site”), and the Plaintiff entered into a supply contract with the Korea Land and Housing Corporation on December 1, 2019.

(A) [Evidence 5] / [Grounds for Recognition] : Facts without dispute, entries in Gap evidence 1 through 5, 7, 12, and 13, and the purport of the whole pleadings

2. The assertion and judgment

(a)the cause of the claim;