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(영문) 울산지방법원 2016.11.29 2016가단50350
청구이의
Text

1. Certificate C drawn up by the notary public C belonging to the Ulsan District Prosecutors' Office against the plaintiff of the defendant on June 11, 2012, No. 887 of 2012.

Reasons

1. Basic facts

A. On June 11, 2012, the notary public C belonging to the Ulsan District Public Prosecutor’s Office at the commission of the Defendant (creditor) and D (the agent and joint guarantor of the Plaintiff) drafted a notarial deed under a monetary loan agreement (Evidence No. 887, 2012; hereinafter “instant notarial deed”) to the following purport.

On May 8, 2012, the defendant set the interest rate of KRW 50 million and delayed payment damages at 30% per annum and the due date on June 18, 2012 to the plaintiff.

D is a joint and several guarantee for the defendant's above debt.

In the event that the plaintiff and D fail to perform their monetary obligations under this contract, they immediately recognized that there is no objection even if they are subject to compulsory execution.

B. On November 14, 2013, the Defendant asserted that KRW 50 million and interest from July 9, 2012 were not paid among the claims based on the instant notarial deed, and filed an application for compulsory auction (hereinafter “first compulsory auction”) with respect to the apartment owned by the Plaintiff (Ulsandong-gu, Ulsan-gu, and one parcel F apartment 101 Dong 1301; hereinafter “instant apartment”).

C. The Ulsan District Court rendered a decision on the compulsory commencement of auction on November 15, 2013 (Ulsan District Court G), and on the same day (Ulsan District Court G G), the registration of the compulsory commencement of auction on the apartment of this case was completed.

On February 18, 2014, the defendant withdrawn the application for compulsory auction on February 18, 2014, and on February 21, 2014, the registration of the decision to commence compulsory auction was cancelled.

E. On April 1, 2015, the Defendant asserted that KRW 40 million and interest from June 9, 2014 were not paid among the bonds based on the instant notarial deed, and filed an application for a compulsory auction (hereinafter “second compulsory auction”) with respect to the instant apartment.

F. The Ulsan District Court rendered a decision to commence compulsory auction on April 2, 2015, and on the same day, the registration of the decision to commence compulsory auction was completed on the apartment of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 4, and 5, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Summary of the Plaintiff’s assertion 1) The Plaintiff and D (the mother of the Plaintiff on February 2014)

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