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(영문) 수원지방법원성남지원 2015.11.27 2015가합204096
청구이의
Text

1. The defendant's notary public against the plaintiff was No. 255 of April 22, 2008.

Reasons

1. The Defendant and C heard that the surrounding area of the 423 square meters, E, the 2,061 square meters, and the 304 square meters prior to F, in Gwangju-si (hereinafter “instant real estate”). The real estate in this case was purchased under the name of the Plaintiff, the mother of C, and agreed to re-sale the real estate within one year. The Defendant paid KRW 464,00,000 to the seller of the instant real estate on April 17, 2008. The meaning of confirmation is that C issued a promissory note (hereinafter “instant promissory note”) to the Defendant on April 17, 2008 under the Plaintiff’s name on April 17, 2008, and no dispute exists between the parties to the instant real estate and the notarial deed (hereinafter “instant promissory note”) on April 205, 2008.

According to this, the Promissory Notes in this case was prepared within the meaning of confirming that C paid KRW 464,00,000 as the purchase price of the real estate in this case by the Defendant, and it is reasonable to determine that the Plaintiff did not have any obligation under the Notarial Deed as it did not appear that it was made by bearing the obligation

Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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