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(영문) 춘천지방법원원주지원 2017.05.24 2016가단6810
공정증서무효 확인
Text

1. A notary public D belonging to the Chuncheon District Prosecutors' Office was prepared on November 2, 2016 by the Defendant and C as the deed No. 479 of November 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff filed an application with C for a payment order for a loan to KRW 15,200,000 with the Chuncheon District Court’s original state support 2015 tea1082, and the said court paid the Plaintiff the amount at the rate of KRW 20% per annum from August 25, 2015 to the date of full payment. The said payment order was finalized on September 8, 2015.

B. On October 7, 2016, the Plaintiff applied for a compulsory auction against an automobile owned by C with the title of the said payment order and received a decision to commence the auction as the above court E on October 7, 2016.

After that, on November 10, 2016, the Plaintiff applied for the seizure of movable property on the items listed in the attached Table C owned as the executive title of the above payment order.

C. On November 2, 2016, C’s agent F entered into a monetary loan agreement with the Defendant for movable property transfer (hereinafter “instant contract for transfer of security”) with the content that “C shall have borrowed KRW 10 million from the Defendant on March 3, 2010 at the rate of 15% per annum, interest rate of December 30, 2016, interest rate of 3% (payment as principal), delay damages, and 15% per annum, and transfer to the Defendant in the manner of possession revision for the purpose of securing the said obligation, as indicated in the attached list as C’s ownership” (hereinafter “instant contract for transfer of security”), and in the same content, set up No. 479 (hereinafter “notarial deed”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Although the Defendant did not have any dispute between C and the Defendant with respect to the Defendant’s main defense of safety, the Plaintiff, a third party, seeks confirmation of the invalidity of the instant transfer security agreement or the instant authentic deed is unlawful.

A lawsuit for lives and confirmations is not necessarily limited to the legal relations between the parties, but can be subject to the legal relations between one of the parties and a third party or between the third parties, and the above facts and arguments.

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