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(영문) 대전지방법원논산지원 2016.01.07 2015가단635
제3자이의
Text

1. A notary public who belongs to the Daejeon District Prosecutors' Office with respect to C, D, January 27, 2015, No. 520, which was 2015.

Reasons

Basic Facts

A. C is the owner of G, who occupies and uses the said building, and is the owner of G’s 650 square meters of a sand site structure, sand site position panel site, roof 1, 650 square meters (hereinafter “instant building”). The Plaintiff is a person who has taught with C and has occupied the instant building around October 2014.

B. On January 27, 2015, the Defendant: (a) entrusted D public officials belonging to the Daejeon District Public Prosecutor’s Office with the preparation of a notarial deed of a repayment contract for an obligation by means of transfer to security in the capacity of the obligor (transferor) and the obligee (assignee) as the assignee; and (b) completed a notarial deed of a payment contract for obligation by means of transfer to security in the capacity of the obligor (transferor) as the Defendant on the same day;

(No. 520 of the deed of 2015; hereinafter “notarial deed of this case”). Article 1 (Loan) Obligor (Transferee) made an offer to the creditor to repay KRW 56,00,000 to the creditor under any of the following provisions as of January 27, 2015, for which the creditor (transferee) bears to the defendant as of January 27, 2015:

Article 2 (Period and Method of Performance) was set on September 24, 2014.

Article 3 (Interest) Interest rate was set at 24% per annum and paid on the 24th day of each month.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay in accordance with the ratio of 24% per annum to the delayed principal or interest.

Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.

Article 10 (Transfer for Security) The obligor transferred the object indicated in the [Attachment] List (hereinafter referred to as the “property transferred for security”) to the obligee by means of possession revision for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.

Article 15 (Liquidation) If a debtor fails to perform his/her obligation, the creditor shall be immediately.

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