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1. The defendant's notary public against the plaintiff is a notarial deed No. 6415 of the 2004 document drawn up September 24, 2004.
Reasons
1. Basic facts
A. The network E entered into a lease contract with the Pyeongtaek Ho Construction Co., Ltd. (hereinafter “F apartment”) as to the F apartment No. 101,703 (hereinafter “F apartment”) in Ulsan-gu, Ulsan-gu (hereinafter “F apartment”), with the lease deposit of KRW 42,328,00, monthly rent of KRW 182,010, and the lease term of May 1, 2005 to April 30, 2007, and paid the lease deposit.
B. On September 23, 2004, the Defendant lent KRW 41.6 million to the Plaintiff’s mother E as security the deposit for the lease of the deceased, and a notary public drafted a notarial deed of a monetary loan for consumption contract with the declaration of intention of recognition of compulsory execution as a law firm No. 6415, Sept. 24, 2004 (hereinafter “notarial deed of this case”).
C. As F apartment, a rental apartment was converted for sale in lots, tenants, including the deceased, sought confirmation of the purchaser status of the leased real estate in the vicinity of Pyeongtaek Ho, preliminary receipt of the balance of the sale price, and implementation of the procedure for ownership transfer registration of the leased real estate at the same time. The Seoul Central District Court 2007Gahap68096, Seoul High Court 2009Na91271, Seoul High Court 201Da30963, Seoul High Court 2011Da30963, and Seoul High Court 2012Na101383 (hereinafter “transfer lawsuit”), finally, on January 31, 2013, “Yyeong Chang Chang Changdong Co., Ltd receives 110,250,968 won from the deceased’s heir, while performing the procedure for ownership transfer registration of the F apartment to the deceased’s heir as well as the procedure for change of the purchaser’s sale price in the land development recompense register.”
E died on May 10, 2008 while the previous lawsuit was pending, and the Plaintiff, G, H, I, J, and K jointly inherited their respective shares 1/6.
E. Meanwhile, the Defendant, on December 15, 201, concluded a sales contract between the deceased and the Defendant on May 7, 2004 and paid all remainder from the deceased’s heir, excluding I, around December 15, 201, the Defendant completed the registration of ownership transfer from Ho Ho.