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1. The plaintiff's action against the defendant A shall be dismissed.
2. The plaintiff's claim against the defendant B and C is dismissed, respectively.
3...
Reasons
1. Basic facts
A. On September 23, 2014, Defendant A rendered a decision to commence compulsory sale of real estate by means of a promissory note No. 135 in the certificate prepared by a notary public with the claim amount of KRW 400 million in the amount of KRW 400 million on September 23, 2014 (hereinafter referred to as “certificate No. 1 authentic deed”; and a promissory note No. 135 in the certificate prepared by the notary public with the executory title No. 135 (hereinafter referred to as “certificate No. 1 authentic deed”); and the promissory note No. 1 in the certificate was issued to the Daejeon District Court Incheon Branch E in order to enforce the compulsory sale
B. On February 17, 2015, Defendant B, with the claim amount of KRW 200 million as to the instant land as KRW 200 million, issued a ruling to commence compulsory sale of real estate to the same court F on the basis of a promissory note No. 190 in the No. 190 in the No. 2014 (hereinafter “No. 2 No. 2 No. 2, and a promissory note on the No. 2 No. 2, “the Promissory note”).
C. On January 14, 2015, Defendant C’s claim amount with respect to the instant land as “10 million won and damages for delay calculated at the rate of 30% per annum from April 3, 2014 to the date of full payment,” and Defendant C’s notary public is a “third-notarial deed” with executory power under subparagraph 48 of Article 2014 of the No. 2014, and Defendant C’s monetary loan agreement with respect to the instant land in the third-notarial deed.
Based on the same court G, a decision to commence the compulsory auction of real estate was rendered [based on recognition]. There is no dispute, and evidence A 1 through 3 (if there is a tentative number, including evidence).
hereinafter the same shall apply.
each entry, the purport of the whole pleading
2. The judgment of this Court
A. Since each of the causes obligations based on the notarial deeds No. 1, 2, and 3 against the Plaintiff’s assertion against the Defendants does not exist for the following reasons, the Plaintiff’s assertion is sought confirmation against the Defendants.
1) Defendant A’s No. 1 No. notarial deed: The Plaintiff’s new construction work under construction on the instant land (hereinafter “instant construction work”).
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