1. The Defendant’s notary public against the Plaintiff is based on a notarial deed with the executory power of No. 791, 2018.

1. Facts of recognition;

A. The Plaintiff and the Defendant began with the teaching system from around 2017, and lived together, and suspended the teaching system from around 2019.

B. On June 20, 2018, the Plaintiff entered into a sales contract with D as KRW 325,00,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer on July 30, 2018.

C. On July 20, 2018, the Plaintiff borrowed KRW 60,000,000 from the Defendant, and on July 20, 2018, a notary public recognizing the Defendant’s obligation of KRW 60,000,000, written C’s No. 791 (hereinafter “instant No. notarial deed”).

The Plaintiff and the Defendant resided in the instant real estate from July 30, 2018 to the present date, and the Plaintiff requested the Defendant to leave the instant real estate from around 2019 after suspending the teaching system with the Defendant. However, the Defendant requested the Defendant to pay KRW 25,00,000 and refused to leave.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the overall purport of Gap evidence Nos. 2, 5, and 13 (including serial numbers)’s written objection and all pleadings, it is recognized that the plaintiff fully repaid 60,000 won to the defendant based on the instant notarial deed from September 28, 2018 to November 6, 2019 (excluding the amount stated in the receipt No. 5-1, 4), and thus, even if the amount paid by the plaintiff to the defendant by account transfer is excluded from the amount stated in the receipt No. 5-1, 4, enforcement based on the instant notarial deed against the plaintiff by the defendant cannot be permitted.

B. As seen earlier, the instant real estate owned by the Plaintiff and the Defendant continued to reside in the said real estate against the Plaintiff’s will, therefore, the Defendant is from the instant real estate.