1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff Union is a regional housing association that was established for the purpose of newly building and selling apartment units in Seo-gu, Gwangju (hereinafter “instant business”) and obtained authorization for establishing the association on June 23, 2015, and is a company that is engaged in real estate sales agency, etc.

B. On July 26, 2016, the Plaintiff Union and the Defendant drafted a notarial deed under the monetary loan agreement No. 316 of 2016 (hereinafter “notarial deed of this case”).

C. On July 28, 2017, the Defendant attached the Plaintiff’s right to claim for ownership transfer registration of real estate owned by the Plaintiff Union against E Co., Ltd. as the Gwangju District Court 2017TTT1426 with the title of execution of the instant authentic deed as the title of execution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The notarial deed of this case was prepared to the effect that, while the Plaintiff Union that had been liable to pay the above debt to the Defendant within the agreed time limit, it would accept compulsory execution if it fails to perform its obligation within the due date. The notarial deed of this case is valid.

B. Plaintiff Union 1) did not borrow money from the Defendant, and the notarial deed of this case was prepared falsely. Since the notarial deed claimed by the Defendant was concluded before the Plaintiff Union was established, it has no effect on the Plaintiff Union, and the Defendant did not perform the sales agency business. Therefore, even if the Defendant concluded a sales agency contract with the Plaintiff and performed the sales agency business, compulsory execution based on the notarial deed of this case should be denied.