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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 22, 2014, at the notary public office C, the Defendant drafted a notarial deed on October 31, 2014, stating that “A debtor D shall pay 150,000,000 won for share transfer and merit payment for the establishment of a hospital to the Defendant, the creditor, and KRW 300,000,000 each on December 31, 2014, and the interest rate for delay shall be 25%. To this end, E, the president of D, the Plaintiff, and F, shall be jointly and severally and severally guaranteed within the limit of 30,000,000 won, and if the said repayment obligation is not performed, compulsory execution shall be accepted” (No. 401, No. 401, No. 2014).
B. The Defendant filed an application for a compulsory auction against G apartment owned by the Plaintiff based on the instant notarial deed, and the Suwon District Court H with the compulsory auction against Suwon District Court H (hereinafter “instant compulsory auction”), and the said apartment was awarded a successful bid against the third party on March 8, 2016.
The plaintiff did not raise an objection to the distribution on the date of distribution of the procedure for compulsory auction of this case, and the procedure of compulsory auction of this case and the distribution were terminated on April 5, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The following facts are acknowledged according to the evidence prior to the facts of recognition, Gap evidence Nos. 1 to 7 and 9 (including branch numbers), and the purport of the whole pleadings.
① Around February 18, 2014, D agreed to extend or rebuild the instant building (hereinafter “instant building”) on land (hereinafter “instant construction”) outside I and 12 lots, Chang-gun, Gyeong-gun, Gyeong-gun, for the opening of a hospital business. Around February 18, 2014, the Defendant and the J agreed to transfer the ownership of the instant building under trust in the name of the corporation to be established by the Defendant and J and transfer the ownership to D after completing the instant construction.
② Accordingly, the Defendant and J shall invest KRW 10 million in each of them, and pay it as capital, and K. K.