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1. No. 419, 2016, signed by the Defendant’s notary public on June 14, 2016, against the Plaintiffs, a notary public of the same law office.
Reasons
1. Basic facts
A. On June 14, 2016, the Plaintiffs and the Defendant: (1) borrowed KRW 750,000,000 from the Defendant under a joint and several surety of Plaintiff B on June 14, 2016; (350,000 among them, repaid KRW 350,00,000 on September 13, 2016; and (40,000,000 on December 13, 206; and (1) even once, if the Plaintiff delays the performance, it shall lose the benefit of time; and if the Plaintiffs fail to perform this, it shall be recognized that there is no objection even if compulsory execution is performed by the Plaintiffs, the said deed of monetary loan agreement (a notary public’s certificate of Djoint Law Office No. 419, Apr. 19, 2016; hereinafter “notarial deed”).
(2) As the Plaintiffs did not pay the money stipulated in the instant notarial deed, the Defendant applied for a compulsory auction of real estate to the Jeju District Court on the basis of the instant notarial deed, and the compulsory auction procedure for the real estate owned by the Plaintiffs was commenced on September 27, 2016.
(3) On November 3, 2016, the Plaintiffs filed a lawsuit of demurrer against the Defendant regarding the instant Notarial Deed (No. 2016Gahap121199, Jeju District Court), and the said court rendered a ruling to dismiss all the claims of the Plaintiffs on June 1, 2017.
Although the plaintiffs appealed against this, the appellate court (the Gwangju High Court 2017Na10499) rendered a decision to dismiss all appeals by the plaintiffs on December 8, 2017, and the above judgment of the first instance became final and conclusive as it is.
B. As to the Defendant’s claim of KRW 750,00,000 on the Notarial Deed of this case against the Plaintiffs (hereinafter “claim of this case”), the Defendant filed an application for provisional seizure of the claim amounting to KRW 830,912,980 on May 24, 2017 (No. 2017Kahap113, Jeju District Court 200,000, G filed an application for provisional seizure of the claim amounting to KRW 200,000 on December 7, 2017.
Jeju District Court.