청구이의 등
1. The defendant's notary public against the plaintiff has the executive force of Law Firm Busan Dong-dong, Law Firm 1767.
1. Claims and judgments on non-performance of compulsory execution
A. On September 23, 2011, the Plaintiff and the Defendant: (a) on September 23, 201, a notary public issued by Busan District Court No. 1767, Sept. 23, 201, an authentic deed for a monetary loan for consumption (hereinafter “instant authentic deed”).
(1) On September 20, 201, the Plaintiff: (i) borrowed KRW 20 million from the Defendant to the Defendant; (ii) the Plaintiff shall pay the said loan to the Defendant up to December 23, 2011; (iii) interest shall be paid at the rate of 39% per annum, and shall be paid on the 23th day per month. (ii) On April 4, 2014, the Defendant applied for compulsory auction by this court on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) based on the instant authentic deed; and (iii) on June 20, 2014, the Plaintiff was paid KRW 27 million from the Plaintiff, and the obligation and obligation between the Plaintiff and the Defendant was fully agreed upon, and then the application for compulsory auction was withdrawn on the same day.
3) On April 6, 2015, the Defendant filed an application for a compulsory auction against the instant real estate as D with respect to the possession of the instant notarial deed on April 6, 2015. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 6, and the purport of the entire pleadings.]
B. According to the above facts of recognition as to the cause of the claim, the Plaintiff’s repayment of KRW 27 million to the Defendant on June 20, 2014 to the Defendant and thus the execution claim of this case was entirely extinguished. Therefore, compulsory execution based on the notarial deed of this case shall be dismissed unless there are special circumstances.
C. On September 23, 2011 and December 11, 2011, the Defendant: (a) prepared and delivered to the Defendant a letter of claim that the Plaintiff is jointly and severally liable for the Plaintiff’s loans to the Defendant from the Defendant E, F, and his/her father G on September 23, 2011; and (b) agreed that the Plaintiff’s obligations under the instant notarial deed are included in the Plaintiff’s above guaranteed obligations; (c) the current obligations against the Defendant, such as E, remain due to the remainder of KRW 45,141,407.