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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On September 10, 2006, the Defendant’s mother C joined the Plaintiff’s 52,50,000 won and 35 unit numbers (hereinafter “the instant accounts”) which were the guidance, and received the guidance around January 10, 2007. On January 16, 2007, C received the payment of KRW 60,000,000 for the remainder of the instant accounts following the receipt of the guidance money. On January 16, 2007, C approved on September 10, 2006 that C bears the Plaintiff’s 60,000,000,000 won for the debt under a notarial deed from February 30, 2007 to September 10, 2007, the Defendant made the said notarial deed to repay the debt to the Plaintiff’s 30,000,000 won for the notarial deed (hereinafter “the notarial deed”).
B. Since then, the Defendant filed a lawsuit of demurrer against the Plaintiff with the Busan District Court on the ground that the payment of the entire amount of the instant fraternity was made, and the Busan District Court rendered a judgment on June 9, 2016 that “The compulsory execution based on the instant notarial deed shall not be permitted only to the portion exceeding KRW 13,480,000, which exceeds KRW 13,480.”
(2014Gadan89757). The Plaintiff appealed on August 25, 2017, and the Busan District Court, the appellate court, closed the pleadings of the instant case on August 25, 2017, and rendered a judgment changing the judgment of the first instance to the effect that “The compulsory execution based on the instant authentic deed shall not be permitted only for the portion exceeding KRW 3,610,000” (2016Na6986). The Plaintiff appealed again on January 11, 2018 (2017Da48904). The said judgment became final and conclusive around that time.
(hereinafter referred to as “the lawsuit of objection”) in the said lawsuit
Since then, E, the creditor of the plaintiff, based on the executory decision of Busan District Court 2016Ka-405 costs of lawsuit, shall be the defendant of the claim amount of KRW 4,022,126, the debtor, and the third debtor.