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1. The Plaintiff (Counterclaim Defendant)’s law firm name in the year 2015, drafted on June 29, 2015, No. 404.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On August 22, 2002, the Defendant filed a lawsuit against C and D, his spouse, as Seoul District Court Branch of Dong Branch of Seoul District Court 2001Kahap7450, and on August 22, 2002, sentenced the above court to “C and D shall pay to each Plaintiff the amount calculated at the rate of 25% per annum from September 2, 2001 to the day of complete payment” (hereinafter “instant judgment”). The above judgment became final and conclusive on September 24, 2002.
B. On June 29, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) borrowed KRW 50 million from the Plaintiff on November 30, 2020 from the due date for repayment on November 1, 2020, and monthly interest rate of 2% between C and C on June 29, 2015. In order to secure the Plaintiff’s above loan obligation, C entered into a transfer contract with the Plaintiff on each of the corporeal movables (hereinafter “part of the instant movable property”) with the content of establishing a transfer to the Plaintiff (hereinafter “instant transfer contract”), and entered into a notarial deed as described in paragraph (1) of the same Article (hereinafter “notarial deed”) in the name of the law firm Lao, as indicated in the attached list corresponding to C, including TV and air conditioners, in which C is located, to secure the said loan obligation. In accordance with this, C entered into a notarial deed as of the date on which C’s request was made.
C. The Defendant filed an application for compulsory execution with this court based on the executory exemplification of the instant judgment, and the enforcement officer affiliated with the instant court, who was delegated with the execution by the Defendant, conducted the seizure execution (hereinafter “instant compulsory execution”) on August 10, 2016 as to the entire movable property of this case (hereinafter “instant compulsory execution”).
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is the entire case in accordance with the instant transfer contract before the Defendant executes the instant compulsory execution.