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1. The Defendant’s notary public against D Co., Ltd. has the executory power of No. 68, 2016.
Reasons
1. Basic facts
A. On July 17, 2018, F, an agent of Defendant and D (hereinafter “debtor”), a notary public, entrusted a notary public belonging to E with a law firm’s notary public, and requested the obligee to prepare a deed No. 68, 2016 (hereinafter “notarial deed of this case”).
The instant notarial deed contains the following contents. However, pursuant to Article 9 of the instant notarial deed, the debtor company provided the Defendant with one printing machine (hereinafter “the instant printing machine”) and two printing machines for the printing machine installed inside the G site in Kimpo-si (hereinafter “instant factory”) as security for transfer.
Article 1 (Loan of Money) The Defendant lent KRW 320,000,000 to the obligor on December 22, 2016, and the obligor borrowed this.
Article 8 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been enforced.
Article 9 (Transfer for Security) The obligor transferred the ownership of the article listed in the [Attachment List] to the obligee by means of possession revision for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.
B. On July 25, 2018, the Defendant filed an application for compulsory execution based on the instant notarial deed with the debtor company failed to repay the debt under the instant notarial deed, and upon the said application, the execution officer of Busan Branch Branch Branch Branch of the Incheon District Court seized the instant printing machine located within the instant factory on July 25, 2018 in the seizure of H Ccorporeal movables.
(hereinafter “Compulsory Execution Procedure of this case”). In the case of seizure of the above corporeal movables, a certified public appraiser Gap evidence No. 7 of the appraisal report of the printing machine at the request of the said execution officer, hereinafter “the instant printing machine”).