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1. The Defendant’s notary public against the Plaintiff has the executory power of No. 480, 2013.
Reasons
Basic Facts
From September 2010, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with the defendant, the representative director, to sell each real estate listed in the attached Table 1 (hereinafter “instant real estate”) owned by C for KRW 3.2 billion to Daeyang Co., Ltd., and the Daeyang paid KRW 815 billion to the down payment.
On August 9, 2013, the Daeyang transferred the status of the Plaintiff to D as a joint representative, and on which August 9, 2013, the seller entered into a contract with D to sell the instant real estate in the amount of KRW 2.6 billion reduced from KRW 3.2 billion to KRW 600 million (hereinafter “instant contract”).
However, the sales contract of this case states the purchase price as KRW 1.785 billion, and the down payment is KRW 815 million (the down payment is already made as referred to in the above paragraph (a)) and the remainder KRW 970 million is to take over the secured obligation of the instant real estate against Han Bank as to Han Bank.
The remaining purchase price of KRW 815 million (2.6 billion - KRW 1.785 billion) is to be paid to the Defendant at the Defendant’s request, and accordingly, the Plaintiff shall be paid to the Defendant, and accordingly, a notary public of August 9, 2013 prepared a notarial deed of monetary loan loan agreement No. 490 (hereinafter “notarial deed of this case”) in 2013. The content is that the Defendant lent KRW 815 million to the Plaintiff on August 9, 2013, and the Plaintiff would pay KRW 815 billion to the Defendant on October 8, 2013, and the Plaintiff would pay KRW 500 million to the Defendant on February 8, 2015.
As above, the sales contract of this case and the Notarial Deed of this case were prepared and the ownership transfer registration of this case was completed in the D future.
C around August 2013, around 2013, the Korea Credit Guarantee Fund has been responsible for the amount equivalent to KRW 3,503,032,281, but the credit guarantee accident against the Korea Credit Guarantee Fund on August 26, 2013.