Text
1. A deed prepared on April 8, 2014 by a notary public C belonging to the Daejeon District Prosecutors' Office against the plaintiff by the defendant succeeding intervenor.
Reasons
1. Basic facts
A. On April 8, 2014, the Plaintiff, a debtor, borrowed KRW 41,365,00 from D on April 8, 2014 from D on the date of maturity for payment, and the interest rate was collected on April 30, 2014. When the Plaintiff, the debtor, failed to perform the said monetary obligation, the Plaintiff prepared and issued the instant authentic deed recognizing that there was no objection even if compulsory execution was immediately conducted.
B. D, based on the instant notarial deed on July 24, 2014, received a compulsory decision to commence compulsory auction on the E-building F, which was owned by the Plaintiff on the basis of the instant notarial deed. D withdrawn the instant request for auction on the ground that, on September 25, 2015, the Plaintiff’s father H received KRW 25 million from the Plaintiff’s father and that there was a smooth agreement between the obligee and the debtor on the ground that D had reached an agreement.
C. Meanwhile, on the other hand, on December 9, 2014, the Plaintiff filed a lawsuit of objection against D seeking the denial of compulsory execution based on the instant notarial deed (Seoul District Court Decision 2014Kadan10672, hereinafter “related case”), and the said court rendered a ruling dismissing the Plaintiff’s claim on September 8, 2015, and the relevant case judgment became final and conclusive on October 1, 2015.
D On April 26, 2016, after transferring KRW 21,365,00 among the loan claims based on the instant notarial deed to the Defendant, the Defendant notified the Plaintiff of the transfer of the claim. On June 14, 2016, the Defendant was granted an execution clause on the instant notarial deed.
E. On July 10, 2017, the Defendant transferred the above loan claims 21,365,000 won based on the instant notarial deed to the Defendant’s Intervenor and notified the Plaintiff of the assignment of claims. The Defendant’s succeeding intervenor was granted the instant notarial deed succession execution clause on September 8, 2017.
[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, 7 through 12, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. (1) The Plaintiff’s father H on his/her behalf on September 2015.