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1. The Defendant’s authentication against the Plaintiff is based on the No. 1594, No. 1201, Nov. 12, 2015, No. 1594.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant concluded a contract on the construction of outer walls and stones on the building of the outer walls and multi-household houses on the south-gu C and D ground at the port owned by the Plaintiff.
The defendant completed the construction, and the plaintiff completed registration of preservation of ownership of multi-household housing around October 2015.
B. On November 12, 2015, the Defendant urged the Plaintiff to pay the price for the above construction work, and the notary public B, upon commission of the Plaintiff and the Defendant, issued a notarized deed of debt payment contract (hereinafter “notarial deed of this case”) containing the content that the obligor bears the above obligation on November 1, 2015, with respect to the obligation stipulated by the notary public B’s B office No. 1594 as of November 12, 2015, as to the obligee, the Plaintiff, the obligor, the obligation for the construction cost, and the due date for November 25, 2015, which was due. In the event that the obligor fails to perform the above obligation, the obligor drafted a notarized deed of debt payment contract (hereinafter “notarial deed of this case”).
C. Based on the instant notarial deed, the Defendant applied for a compulsory auction of real estate (the claimed amount of KRW 23.8 million) to this court E regarding 202 among the Plaintiff’s multi-household housing among the instant multi-household housing, and received a decision to commence compulsory auction on March 17, 2016 from the said court.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) As to the construction cost of KRW 23.8 million of the instant Notarial Deed, the Plaintiff deposited KRW 7.8 million to the Defendant on December 29, 2014, and KRW 11.8 million on December 18, 2015, the said Notarial Deed is valid within the extent of KRW 12 million, a remaining debt (=23.8 million - 1.8 million), and compulsory execution on the portion exceeding the said money, is not allowed. (2) The Defendant, at the Plaintiff’s request on December 29, 2014, deposited the said KRW 7.8 million deposited into the Defendant’s account, as the Plaintiff’s financial account on the same day, at the Plaintiff’s request.