beta
(영문) 대전지방법원 2020.04.09 2019가단19686

청구이의

Text

1. The Defendant’s deed No. 1173, 2019, drawn up by Law Firm C, March 19, 2019, by a notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 19, 2019, the Plaintiff and the Defendant entrusted a law firm C with the preparation of a notarial deed, and accordingly, the notarial deed listed in the Disposition No. 1 (hereinafter “instant notarial deed”) was prepared.

B. Based on the instant notarial deed, the Defendant filed a motion for seizure and auction against the Plaintiff to the court D, and filed a motion for seizure and collection of the claim with the court 2019TT No. 11177.

C. On October 29, 2019, the Plaintiff repaid all of the claims stated in the instant notarial deed to the Defendant on the date of sale following the seizure of corporeal movables and the request for auction.

On the same day, the defendant withdrawn a seizure of corporeal movables and a request for auction.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant's compulsory execution based on the notarial deed of this case against the plaintiff shall be denied, since all debts based on the notarial deed of this case have been repaid.

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