제3자이의
1. The notary public of the non-party C and D against the non-party C and D is a notarial deed No. 495 of 2009.
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. On August 28, 2014, the Plaintiff paid C KRW 50 million in total, KRW 45 million on August 18, 2015, KRW 15 million on August 19, 2015, and KRW 15 million on August 19, 2015.
B. On June 11, 2018, the Plaintiff and C entrusted a notary public with the preparation of an authentic deed of a monetary loan agreement for transfer-transfer-transfer-lease with the content that “an obligee shall lend KRW 100,000,000 to the obligor C on December 20, 2017, setting the maturity on December 20, 2019, and the interest rate at 24% per annum, respectively, and the obligor entrusted the obligee with the preparation of an authentic deed of a notarial deed of a monetary loan for transfer-transfer-transfer-lease agreement (hereinafter “the notarial deed of the Plaintiff”) as stated in the attached Table 2, which is its ownership for the purpose of securing the performance of obligation, to the obligee by means of possession or amendment.” On the same day, the said content was written on the same day.
C. Meanwhile, on April 17, 2009, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) and C entrusted the Defendant with the preparation of a notarial deed on debt repayment contract with the content that “The Defendant shall pay KRW 350,000,000 to the Defendant on April 17, 2009, the obligor D bears the obligation of KRW 350,000,000 in the Busan District of Residence, and the due date shall be determined by the end of October 2009, and the due date shall be 30% in the amount of damages for delay, each of which shall be paid by the obligor D, C, G, H, H, and I,” and on the same day, the said notarial deed (hereinafter “Defendant’s notarial deed”).
On October 25, 2018, on the basis of the Defendant’s authentic copy of a notarial deed, the Defendant completed the execution of seizure against the corporeal movables listed in the [Attachment Nos. 1 through 15] of the [Attachment No. 1] located in the Daegu Suwon-gu K Apartment and L, J of the Daegu District Court (J) on October 25, 2018.
E. The instant secured movables are the movables of 34 items, including the instant seized movables, 15 places.
F. On June 4, 2018, the Defendant is Daegu Suwon-gu owned by the Daegu District Court M&C.