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(영문) 광주지방법원목포지원 2017.11.29 2017가단1781
청구이의
Text

1. The defendant's notary public against the plaintiff was a notary public of 2007 No. 881. 2007.

Reasons

1. Basic facts

A. On October 4, 2007, the Plaintiff: “The Plaintiff borrowed 2,000,000 won from the Defendant on March 14, 2007, setting the maturity on December 30, 2007, setting the interest as 2% per month; on the above borrowed money, when the Plaintiff fails to perform his/her monetary obligation under this contract, he/she immediately recognizes that there is no objection even if he/she is subject to compulsory execution; and provided goods listed in the separate sheet as security by means of transfer” (No. 881, 2007, No. 881, No. 2007, No. 1, No. 2007, No. 2007, No. 2007, No. 1) to the Defendant.

B. On March 8, 2017, the Defendant, with the instant notarial deed as the executive title, completed the seizure execution of the corporeal movables owned by the Plaintiff as the court No. 2017No225 on March 8, 2017.

(The principal of the claimed claim amounting to KRW 2,00,00, interest KRW 4,419,945)

2. Determination:

A. 1) The Plaintiff’s assertion 1) The instant notarial deed was prepared in collusion with the Defendant to avoid compulsory execution against corporeal movables owned by the Plaintiff without any obligation or obligation between the Plaintiff and the Defendant. Therefore, compulsory execution based thereon should not be denied. 2) The Defendant’s assertion that the Defendant owned the Plaintiff’s mother C’s claim amounting to KRW 20,000,000 due to the substitute payment of housing construction cost. However, the Plaintiff prepared and executed the instant notarial deed while having the Plaintiff paid KRW 2,00,000 among them.

B. 1) Determination 1) The burden of proof as to the grounds for objection in a lawsuit of objection to the relevant legal doctrine also complies with the principle of allocation of the burden of proof in the general civil procedure. In the case of an executive title that has no res judicata as in a notarial deed, such as a notarial deed, the failure or invalidation of the claim can be the grounds for objection (see Article 59(3) of the Civil Execution Act, and the plaintiff is the defendant in a lawsuit of objection to the authentic

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