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(영문) 광주지방법원 2020.10.27 2019가단542429
청구이의
Text

No. 284 of the certificate of 2014, No. 284, a notary public against the defendant's net A is a monetary loan contract.

Reasons

1. Basic facts

A. From around 2013, the deceased A (hereinafter “the deceased”) served as the president of the E Union, and the Defendant is a member of the said Union.

B. On March 24, 2014, at the request of the Deceased and the Defendant, a notary public drafted a notarial deed of a monetary loan agreement with the content that the Deceased borrowed KRW 45 million from the Defendant (hereinafter “instant loan”), 2% per interest month, and on March 24, 2015 (hereinafter “notarial deed of this case”).

C. On October 23, 2019, the Defendant asserted that the Plaintiff did not fully repay his/her obligation, and applied for a compulsory auction of real estate on the instant notarial deed to the Gwangju District Court F, the 3912 square meters G G in order to transfer to F, Gwangju District Court, and rendered a decision to commence compulsory auction on October 24, 2019.

On May 26, 2020, the deceased died on May 26, 202 where the lawsuit of this case is pending, and the plaintiff becomes a sole inheritor due to the renunciation of inheritance by other co-inheritors of the deceased, and thereafter taken over the lawsuit of this case, the Gwangju Family Court filed a report on the approval of re-approval inherited by the deceased as 2020-Ma3439, and received the repair trial on September 17, 202

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) paid a certain amount of cash each month from April 2014 to November 2015 to the Defendant as repayment of the instant loan, and the Defendant signed and delivered a written statement of the settlement report of the union after stating the repayment amount and the remainder of the loan in writing, and receiving KRW 27.5 million from the Deceased on December 21, 2015. Accordingly, the instant loan was fully repaid. Accordingly, since the claim on the instant notarial deed was fully repaid and extinguished, compulsory execution based on the said notarial deed should be denied.2) The Defendant’s loan claims.

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