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1. The Defendant’s notary public against B has the executory power of the notarial deed No. 2464, 2012.
Reasons
1. Facts of recognition;
A. The contract to establish a security interest and transfer of rights between Dongwon Co., Ltd. and C is 1) a farm located in D and 10 parcels (hereinafter “instant farm”). Dongwon Co., Ltd. and C
C) On February 9, 2011, in order to secure a loan obligation of KRW 780 million between Dongwon Co., Ltd., a feed company, entered into a contract for lending money on the security of transfer with the delivery of at least 450 million pigs in the instant farm by means of possession revision, and provide it as a security for transfer in order to secure a loan obligation of KRW 780,00,000,000, and if the payment of money is not carried out pursuant thereto, a notary public, stating that there is no objection even if compulsory execution is carried out, is a notarized deed No. 71, 201 (hereinafter “notarial deed of this case”).
2) E was granted the instant notarial deed succession execution clause as a successor to the Dongwon Co., Ltd. in order to implement compulsory execution against C and its joint and several guarantors on January 8, 2013.
3) On June 20, 2013, E transferred all of the claims based on the instant authentic deed to the Plaintiff, and notified the transfer of the claim to C and its joint guarantor around July 4, 2013, and the Plaintiff was granted the succession of the instant authentic deed as E’s successor in order to enforce compulsory execution against C and their joint and several sureties on August 19, 2013. (b) B purchased 440 am (excluding Thai) from C on December 14, 201, 1,560 ambs, 1,560 ambs, 2,00 ambs in the instant farm and the farm and its joint and several sureties and operated pigs upon delivery of the instant farm and the instant pigs from the date of conclusion of the relevant contract.
On the other hand, at the time of the conclusion of the above sales contract, B decided to accept the debt amount of KRW 300 million against Dongwon Co., Ltd in lieu of the payment of part of the balance.
2 The defendant shall make objection to B based on the executory exemplification of notarial deeds No. 2464, No. 2012 by a notary public of B.