beta
(영문) 울산지방법원 2019.10.29 2019가단108175

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is a compulsory execution based on the No. 313 of the notarial deed No. 32015.

Reasons

The fact that the plaintiff fully repaid the obligations under the Notarial Deed as stated in paragraph (1) of this Article does not conflict between the parties, or it may be acknowledged by each entry (including serial number) in Gap 1 through 9, and compulsory execution based on the above Notarial Deed shall be dismissed.

(1) The defendant asserts that there is no benefit in the lawsuit since he withdrawn the application for compulsory auction as to the above notarial deed from Busan District Court's Dong Branch D. However, despite the defendant's withdrawal of the application for compulsory auction, the above notarial deed is not extinguished, and the defendant's above assertion is without merit. Thus, the plaintiff's claim of this case is accepted as reasonable.