1. The defendant's original copy of a notarial deed with executory power of No. 40, 2016 against the plaintiff is based on the defendant's notary office B.

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 9.

On January 20, 2016, the Plaintiff, against the Defendant, prepared and issued a notarial deed under Paragraph (1) of the Paragraph (1) stating that “The obligor shall pay the amount not later than December 31, 2016 to the obligee as the refund of the contract amount: “The obligor shall pay the amount not later than December 31, 2016; the remaining amount of 0 million won from January 31, 2017 to May 31, 2017 shall be paid not more than five times in total in installments to the obligee.”

(A) The debtor and the creditor are the defendant. (b)

As the plaintiff did not repay the debt under the above notarial deed, the defendant applied for a compulsory auction against the real estate owned by the plaintiff, such as the Jinwon District Court Jinwon Branch C compulsory auction for real estate, and started the auction.

C. On July 11, 2017, the Plaintiff deposited 100 million won of the debt on the said notarial deed with the Defendant as a depositee under the Incheon District Court No. 5857, 2017.

(2) According to the above facts of recognition, the plaintiff's obligation to the defendant under the above notarial deed was extinguished by payment. Thus, compulsory execution based on the original copy of the above notarial deed is not allowed.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.