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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except where the defendant's additional assertion is added as stated in paragraph (2) below, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant asserts that compulsory execution by the notarial deed of this case shall be permitted, since the Defendant agreed with C to use the notarial deed of this case in order to secure separate loan claims that have been additionally lent from the preparation of the notarial deed of this case to July 30, 2012.
In compulsory execution, the scope of the execution claim which the creditor has against the debtor is determined in accordance with the manner indicated in the executive title.
(see, e.g., Supreme Court Order 94Ma542, 543, May 13, 1994). Even if the parties agree to have a right to claim based on a new legal relationship and to be useful as a new claim by extinguishing the legal relationship and establishing a new right to claim based on a new legal relationship after the execution certificate as to a certain legal relationship was prepared, it cannot be deemed as a new claim. Therefore, compulsory execution based on the execution certificate is not allowed.
(1) The Defendant’s debt to the Defendant is included in the notarial deed of this case only in the sum of KRW 40,00,000,000 on July 25, 2003, KRW 10,000 on December 9, 2006, KRW 10,000 on December 12, 2006, KRW 10,000 on February 8, 2007, KRW 10,000,00 on February 8, 2007, KRW 10,000 on April 26, 2007, KRW 20,000 on July 207, 2007, and interest thereon.
Therefore, even if C and the Defendant agreed on the instant notarial deed from the date of its preparation to July 30, 2012, it is permissible to enforce compulsory execution based on the instant notarial deed for other obligations than those specified in the said deed.