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1. The Defendant’s Plaintiff, notary public’s act No. 258, 2012, drafted on February 28, 2012, against the Plaintiff, and against the Plaintiff.
Reasons
1. Facts of recognition;
A. Around August 2010, C, the Plaintiff’s mother, requested D, who was aware of the Republic of Korea, to offer as security, the Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant real estate”) owned by the Plaintiff, to lend KRW 35 million.
B. C borrowed KRW 35 million at an interest rate of 2.5% per month from the Defendant on August 12, 2010. On August 13, 2010, C received KRW 33,546,000, which deducts KRW 875,000 from each of the pre-paid interest and KRW 579,000 from the pre-paid interest and the cost of establishing the right to collateral security (hereinafter “the instant right to collateral security”) on August 13, 2010, the establishment of the right to collateral security was completed over the Defendant’s maximum debt amount of KRW 70,000 in the future (hereinafter “the instant right to collateral security”), and on August 19, 2010.
(hereinafter “instant loan”). C.
On February 27, 2012, when the voluntary auction procedure commenced as of June 16, 201 with respect to the instant real estate upon the application of the Defendant on the ground of the repayment delay of the instant loan, the Plaintiff and the Defendant withdrawn the above request for auction due to the termination of the instant mortgage on the same day. However, the Plaintiff had completed the registration of the right to claim ownership transfer on the instant real estate in D future.
(hereinafter “instant agreement”). D.
In accordance with the instant agreement, on February 28, 2012, the registration of cancellation of the registration of the establishment of the instant neighboring real estate was completed, and on the same day, the Plaintiff completed the registration of the provisional registration holder D’s right to claim ownership transfer (hereinafter “the instant provisional registration”); the Plaintiff and C issued a promissory note in the amount of KRW 2,500 with the Defendant as the addressee on the same day; and on February 28, 2012, a notary public prepared and executed a notarial deed under the 258 No. 2012, a certificate of Maak Law Firm No. 2012.
(hereinafter referred to as “notarial deed of this case”). (e)
On the other hand, the Defendant’s repayment of the instant loan from Plaintiff or C, KRW 3 million on June 8, 201, KRW 18 million on October 18, 201, and KRW 300,000 on October 31, 201.