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(영문) 청주지방법원 2019.06.20 2018가단4758
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the original copy of No. 769 of the D Deed No. 769 of 2009.

Reasons

1. Basic facts

A. At the time of December 22, 2006, the deceased donated KRW 167,579,757 to grandchildren F, 16 years of age, and the funds that the deceased donated to F, deposited in the name of the deposit passbook, and F’s mother managed the passbook.

B. Although the building on the G ground of the Chungcheongbuk-gun (hereinafter “instant house”) is registered under the Plaintiff’s mother H, the actual owner was the Plaintiff’s ar. However, around July 13, 2009, the purchase price of KRW 20 million was transferred from the F’s account to the I account.

C. Around July 13, 2009, the same seal was signed by a notary public between the Plaintiff and the Defendant as a law firm No. 769, 2009, and the main content is that the Plaintiff approved the Defendant’s obligation of borrowing KRW 20 million, and the Plaintiff paid in cash on July 12, 2010.

(hereinafter “instant Notarial Deed”). D.

In the loan certificate attached to the notarial deed of this case, there is no interest agreement or loan amounting to KRW 20 million, and on July 12, 2010, the date of maturity, the special agreement stated that “in principle, the above certificate should be terminated at the time of transfer as it was borrowed from the purchase price for the instant house (H).”

E. After July 13, 2009, the deceased, who was handed over the instant building from I and resided there around November 2017, and the bereaved family members of the deceased, including F, (hereinafter “F, etc.”) sold the instant house to J around November 27, 2017 (a seller’s son K under the contract), and the Plaintiff and I issued documents necessary for the registration of the transfer of ownership to the instant house to F, etc.

F. Around November 27, 2017, J remitted the purchase price of KRW 20 million to the said K, and on November 29, 2017, the instant real estate was inherited in the south of H on and around November 29, 2017, and the ownership transfer registration was completed due to the buyer J and M on the same day and November 27, 2017.

【Ground of Recognition” has no dispute, Gap 1 through 8, and Eul 2, respectively (including where there is a serial number),

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