beta
Text
1. The Defendant’s notary public against C is an executory power under subparagraph 5 of the 2014 deed drawn up by the law firm in 014.
Reasons
1. Basic facts
A. On May 8, 2013, the Defendant lent KRW 110 million to C. The Defendant applied for provisional seizure as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) by using the loan claim amounting to KRW 110 million as the preserved claim, as the secured claim, as the secured claim, and received a decision of provisional seizure on August 16, 2013 (hereinafter “decision of provisional seizure”).
The provisional attachment decision of this case is written as "10 million won," and on the same day, the entry registration of the provisional attachment decision of this case was completed with respect to the real estate of this case.
B. On April 1, 2015, a notary public drafted a notarial deed of a monetary loan agreement with the Defendant on a deposit basis (hereinafter “notarial deed of this case”) with a maturity of January 15, 2014 as the principal amount of a loan claim of KRW 110 million, as the document No. 5 of 2014, which was drafted by a law firm in the 000,000,000.
C. Meanwhile, on September 25, 2013, after the completion of the above provisional attachment entry registration, the Plaintiff completed the registration of transfer of ownership based on the division of the co-owned property as of February 5, 2013.
However, on April 6, 2015, after the date of the Plaintiff’s registration of transfer of ownership, the Defendant based on the notarial deed of this case, and based on the notarial deed of this case, the attachment and auction procedure commencement order D, hereinafter “the instant compulsory execution”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4 (each entry, including each number, and the purport of the whole pleadings)
2. Both claims;
A. Since the plaintiff, as a third acquisitor of the real estate of this case after the compulsory execution of this case, he deposited the claim amount indicated in the letter of decision on the provisional seizure of this case in full in lieu of C, the plaintiff may claim full ownership of the real estate of this case against the defendant, who is the provisional seizure creditor.
Therefore, the compulsory execution of this case is the debtor indicated in the Notarial Deed of this case.