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(영문) 창원지방법원 2014.12.12 2014가단22065
제3자이의
Text

1. A notary public against Defendant MNS Capital Co., Ltd., in writing of the Changwon Law Firm.

Reasons

1. Basic facts

A. The representative director B of a stock company A (hereinafter referred to as “A”) loaned KRW 890,00,000 from the Plaintiff on October 28, 201, and KRW 137,00,000,000 on July 4, 2012, and KRW 200,000 on November 16, 2012, and KRW 353,00,000,000 on March 27, 2013; and on March 27, 2013, the Plaintiff and the Plaintiff provided goods listed in the separate sheet (hereinafter referred to as “the instant movable property”) as a transfer for the said loan obligation (hereinafter referred to as “the instant transfer contract”), and at that time, transferred the instant movable property to the Plaintiff by means of possession.

B. On November 15, 2013, A drafted a notarial deed of money loan for transfer security (hereinafter “notarial deed of this case”) with the content that the notary public would provide the instant movable property as a security for the said loan obligation and transfer the instant movable property by means of possession amendment, under the title of 200,000,000 from Defendant MNF Capital (hereinafter “Defendant MNS”) and between Defendant MNS and Defendant MNS, a notary public would provide the instant movable property as a security for the said loan obligation and transfer it by means of possession amendment.

C. On August 13, 2014, based on the executory exemplification of the instant notarial deed, Defendant MNS seized the instant movable property under the Changwon District Court 2014No2271, on the basis of the executory exemplification of the instant notarial deed. On the other hand, Defendant MNS seized the instant movable property under the Changwon District Court 2014No. 1033 on August 13, 2014, based on the instant order for the instant service payment (hereinafter “instant payment order”), the amount claimed on August 13, 2014, based on the Changwon District Court 2014No2396, Changwon District Court 2014.

(hereinafter the above seizure of the Defendants’ respective aforementioned seizures hereinafter referred to as “each of the instant compulsory execution”). 【Ground of recognition】 A without dispute as to Defendant MNS, Gap evidence Nos. 1 through 7 (including serial numbers), Eul evidence Nos. 1, the purport of the entire pleadings, and Defendant M&C.

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