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(영문) 의정부지방법원 2019.05.01 2018가합53474
청구이의
Text

1. Certificates drawn up by Law Firm D on June 30, 2017 by the Defendant’s notary public against the Plaintiffs, No. 180, 2017.

Reasons

1. Basic facts

A. (1) On July 2016, the Defendant entered into a contract for construction of the E-ground building (hereinafter “instant building”) from the Plaintiffs on and around the Guri-si, the construction of the E-ground building (hereinafter “instant construction”) and the said construction (hereinafter “instant construction”).

(1) The contract amount of KRW 1.375 million and the scheduled completion date of the instant construction works shall be determined on January 31, 2017 (hereinafter referred to as “instant contract”).

(2) On January 31, 2017, the Plaintiffs and the Defendant agreed to amend the completion date of the instant contract to KRW 1.32,786 million, as of May 31, 2017, and the contract amount to KRW 1.32,786 million. ② Re-revision the completion date of the instant contract to July 31, 2017, and ③ on July 25, 2017, the final completion date of the instant contract was changed to KRW 881,69,040.

B. On June 30, 2017, the Plaintiffs are 1 copies of Promissory Notes, each of whose face value is KRW 830,860,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(2) On the same day, the Plaintiffs and the Defendant issued a notarial deed with the purport that, in the event that the Plaintiffs delay the payment of the instant promissory note to the holders of the instant promissory note, a notary public commissioned the owners of the instant promissory note to prepare a notarial deed with the purport that there is no objection even if they are subject to compulsory execution, and the notary public drafted a notarial deed with the foregoing content as 180 in 2017 (hereinafter “notarial deed”).

C. The instant building was completed on November 2017. (2) On April 24, 2018, the Defendant filed an application for compulsory auction of the instant building owned by the Plaintiffs with the Jung Government District Court on the basis of the executory exemplification of the instant notarial deed (F), and the said court filed the auction procedure on the same day.

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