청구이의
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The facts following the facts are either in dispute between the parties or in respect of each entry in Gap evidence of sub-paragraphs 1 to 4, and Eul evidence of sub-paragraphs 1 to 3 (including numbers), including the purport of the whole pleadings.
A. The Plaintiff, from November 28, 2003, borrowed money from the Defendant; on July 19, 2005, 100 million won from the Defendant; and on October 19, 2005, written notarial deeds No. 1599 of 2005 (hereinafter “notarial deeds No. 1”).
B. In addition, on July 31, 2006, the Plaintiff drafted an authentic deed No. 495 of 2006, No. 495 (hereinafter “No. 2 No. 2 notarial deed”) with the content that the Plaintiff borrowed KRW 150,000 between the Defendant’s husband C and the Defendant’s husband C as of December 31, 2006.
C. C on July 31, 2006, based on the instant notarial deed No. 2, seized C’s claims and corporeal movables on July 31, 2006, and on October 28, 2006, the Plaintiff voluntarily repaid KRW 159,983,400, including the principal and interest of the said notarial deed and the execution cost, to C and released the said seizure.
On January 11, 2007, the Defendant filed a complaint against the Defendant under suspicion of fraud in a lawsuit, stating that “The Defendant still holds the No. 1 No. 1 No. 1 notarial deed even though the Defendant prepared the No. 2 notarial deed including the amount of claim in the No. 1 notarial deed, the Defendant submitted it to the court as if the No. 1 notarial deed already invalidated was valid, and obtained a decision on the seizure and assignment order of the Plaintiff’s claim.”
(hereinafter “this case’s accusation”). E.
On August 24, 2009, based on the notarial deed No. 1 of this case, the Defendant received the attachment and collection order of the Busan District Court 2009TTT No. 17850 on August 24, 2009, and the Plaintiff received the attachment and collection order against the Defendant on August 31, 2009 as Busan District Court 2009da102502.