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1. No. 48 of the deed drawn up on January 19, 2015 by a notary public against the Plaintiff of Defendant B.
Reasons
1. No. 48, 2015, a notary public of the basic facts was drafted on January 19, 2015, the notarial deeds of a debt repayment contract with the following content (hereinafter “notarial deeds of this case”).
1) Creditor: Defendant B, Defendant E, and Defendant F2: The obligor recognized that the obligee is liable for the remainder of the purchase and sale of multi-unit housing, etc., located outside of the city of Busan, Jin-gu, Busan, and H (hereinafter “instant real estate”) and promised to repay the obligation under this contract, and agreed that the obligee accepted the obligation.
3) The debtor shall pay the principal debt in installments in the amount of KRW 25,00,00 on February 16, 2015, KRW 25,000 on February 27, 2015, KRW 75,000 on February 27, 2015, KRW 75,000 on March 30, 2015, and KRW 75,000 on March 30, 2015. 4) If the debtor delays the payment of the installment at once, he/she shall lose the benefit of the time and immediately repay the remainder of the debt, and the interest rate for delay after the deadline shall be 20% per annum.
5) If the debtor fails to perform his/her monetary obligation under this contract, he/she did not object to compulsory execution immediately. [No. 1 of the grounds for recognition]
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion was made in order to secure the balance of the purchase and sale of the instant real estate. The actual obligee is H, the seller of the instant real estate, and the obligor is net E (E, death on February 5, 2015; hereinafter “E”), the buyer, and the Plaintiff and F are merely joint and several obligors who lend the name to E.
The Plaintiff paid KRW 145,00,000 to H total amount of KRW 203 (per equivalent to KRW 80,000,000) of the instant real property, etc., thereby discharging all obligations under the instant notarial deed. Since the Plaintiff made a non-execution agreement with regard to the instant notarial deed by setting up a collateral security under the name of H No. 201, which is owned by the Plaintiff, the compulsory execution based on the instant notarial deed should be denied.