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(영문) 인천지방법원 부천지원 2017.01.17 2016가단111661
청구이의
Text

1. The Defendant’s notary public against the Plaintiff has the executory power of No. 238, 2014, a law firm Jeong-dong.

Reasons

The Plaintiff and the Defendant borrowed KRW 34,200,067 from the Defendant on March 10, 2014, and if the Plaintiff did not repay it by March 31, 2014, the Plaintiff and the Defendant prepared a notarial deed under the terms of compulsory execution and loan agreement (No. 238 of 2014) with the purport that the notary public would not raise an objection even if he/she was immediately subject to compulsory execution (hereinafter “instant notarial deed”). Meanwhile, the Plaintiff failed to repay the said amount, and the Defendant filed an application for compulsory auction of KRW 34,20,067 with the Defendant on March 10, 2014 with the notarial deed as the title of title 30,000,000 won and KRW 164,000,000,000,000,0000,000 won and KRW 1636,000,0000,000,016.

According to the above facts of recognition, the claims of this case on the Notarial Deed are extinguished due to deposit and withdrawal. Thus, compulsory execution based on this shall be dismissed.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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