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1. On April 8, 2014, Nonparty C issued by Nonparty C a certificate of the preparation of a notary public D office on April 8, 2014, E and face value 180,000.
Reasons
1. Basic facts
A. On May 31, 201, the Plaintiff entered into a lease agreement with Nonparty C to lease KRW 510,000,000 for the lease deposit (hereinafter “instant lease agreement”) from May 31, 201 to May 31, 2012, with respect to the F building 203 (hereinafter “instant real estate”) owned by Nonparty C (hereinafter “instant real estate”). Accordingly, the Plaintiff paid KRW 510,00,000 for the lease deposit.
B. As to the instant real estate, on April 1, 2014, the Suwon District Court rendered a voluntary decision to commence the auction procedure, and the auction procedure was underway (hereinafter “instant auction procedure”), and on January 9, 2015, the registration of transfer of ownership in the name of Nonparty H was completed.
C. On April 8, 2014, C issued and delivered to Nonparty E a promissory note with a face value of KRW 180,000,000 for face value, payment date, Gyeonggi-do, the place of payment, Gyeonggi-do, the place of payment, the payee E, and the date of occurrence, April 8, 2014, and the certificate of promissory note in Gyeonggi-do (hereinafter “instant promissory note”). On the same day, C prepared and delivered to Nonparty D’s office under Article 253 of the certificate of notary D office (hereinafter “instant promissory note”) stating that “When the payment of the said note is delayed to the holder of the said note, it shall be recognized that there is no objection even if it is immediately subject to compulsory execution.”
Since then, the Defendant acquired KRW 180,000,000 from E with respect to the Promissory Notes Claim 180,000,000, and was granted by a notary public D on August 20, 2014.
E. On October 7, 2014, the Defendant filed an application with Suwon District Court for the attachment and assignment order of KRW 180,000,000 with the claim claim amounting to KRW 180,00,000 as Suwon District Court Decision 201Da12747, and on October 10, 2014, with the obligee, the obligor, the obligor, and the third obligor, the Republic of Korea as the obligee, the obligor, and the third obligor, for the auction order of the real estate G with Suwon District Court Sung-nam Branch.