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(영문) 수원지방법원안산지원 2017.09.07 2017가합7764
청구이의
Text

1. The Defendant’s notary public against the Plaintiffs, No. 410, Sept. 21, 2015, No. 410, No. 2015.

Reasons

1. Indication of claim (Plaintiff's assertion);

A. The Plaintiffs borrowed KRW 250,000,000 from the Defendant on September 18, 2015.

B. On September 21, 2015, the Plaintiffs issued to the Defendant a promissory note constituting a face value of KRW 300,000,000 in order to secure the payment of a loan of KRW 250,000,000.

On the same day, the plaintiffs and the defendant prepared a notarial deed as to the Promissory Notes as No. 410 of the No. 2015.

C. On July 21, 2016, the Defendant applied for a compulsory auction on D forest land No. 23,702 square meters in light of the foregoing notarial deed, which is owned by the Plaintiffs, for the Suwon District Court E-real estate auction.

On July 18, 2017, the Plaintiffs paid to the Defendant a total of KRW 265,00,000 in principal and interest of the borrowed amount, and the obligation to pay the borrowed amount to the Defendant was extinguished.

E. Therefore, the Plaintiffs seek to exclude the executory power based on the above notarial deed.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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