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(영문) 서울남부지방법원 2015.01.22 2014가단33127
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 545, No. 2012.

Reasons

1. On November 22, 2012, the fact that the Plaintiff issued a promissory note of KRW 100 million at the face value with the Defendant as the addressee on November 22, 2013, and then written a notarial deed on the same day is no dispute between the parties.

2. Determination

A. The plaintiff's assertion that in relation to the above notarial deed, the plaintiff paid KRW 50 million to the defendant by determining the value of the land C in Seocho-si, Jeju Special Self-Governing Province as KRW 50,000,000, which is owned by the plaintiff and completing the registration of ownership transfer under the name of the defendant's female life designated by the defendant. The defendant deposited KRW 50,000,000 as deposit money in Suwon-si branch of Suwon District Court, and the defendant deposited the 25,000,000 won in the market price of the notarial deed.

B. Determination 1) On June 12, 2014, the Plaintiff deposited KRW 50,000 among the obligations based on the said bill’s authentic document for the Defendant on behalf of the Defendant does not conflict between the parties. In full view of the aforementioned basic facts, the Defendant’s compulsory execution based on the said bill’s authentic document against the Plaintiff is deemed to have been extinguished due to repayment. Therefore, the Defendant’s assertion that compulsory execution based on the said authentic document against the Plaintiff exceeds KRW 50,00,000 (the Defendant made a confession to the effect that there was no interest agreement on the claim based on the said authentic document against the Plaintiff, but even though the confession was revoked as a statement in the preparatory document as of October 1, 2014, it is insufficient to recognize that the confession was contrary to the truth and was caused by mistake, and there is no other evidence to prove otherwise.

(2) On April 3, 2013, the Plaintiff transferred the ownership of the land located in Jeju Special Self-Governing Province, which is the co-ownership of the Plaintiff and his wife, to his Dong on March 26, 2013. The transaction price of the said land is 2,000.

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