1. The defendant's certificate of notary public C office belonging to the Cheongju District Prosecutors' Office against the plaintiff was No. 17 of 2012.

1. Facts of recognition;

A. On November 2, 201, D, the Plaintiff and the Defendant’s attached, drafted and executed a deed of borrowed money (hereinafter “certificate of borrowed money in this case”) stating that KRW 120,000,000 per annum to the Defendant, KRW 15% per annum, KRW 30% per annum, and KRW 30% per annum, and June 30, 2012 as of the due date, and on January 6, 2012, C’s certificate of debt repayment contract, No. 17, 2012, to which the public prosecutor’s office belongs of the Cheongju District Public Prosecutor’s Office (hereinafter “notarial deed in this case”).

B. D’s death on May 15, 2018, the Defendant applied for a compulsory auction on the land owned by the Plaintiff, one of the deceased’s successors, for a real estate auction to Cheongju District Court E, based on the instant notarial deed, and the said court rendered a decision to commence compulsory auction on October 16, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The notarial deed of this case does not exist, so compulsory execution based on the notarial deed of this case shall not be permitted. (2) Even if claims on the notarial deed of this case exist, in the lawsuit of cancellation of ownership transfer registration, the Cheongju District Court 2012Na5491 between the Deceased and the Plaintiff, the Plaintiff was voluntarily adjusted with the purport that the Plaintiff would transfer ownership of 1/2 shares of the real estate donated by the deceased to the Defendant instead of the deceased. Thus, it is reasonable to view that the Defendant would have settled all monetary transactions with the deceased by receiving the above real estate shares transfer, and thus, the claim on the notarial deed of this case was extinguished by repayment.

B. From February 198 to May 27, 1998, the Defendant lent the amount of cost of KRW 40 million to the Deceased under the name of the purchase fund of the F forest in Seo-gu, Seo-gu, Seo-gu, Seo-si, Cheongju, the housing located in G (hereinafter “H forest and housing”), the repayment fund of the mother’s debt, etc., and the Deceased’s above KRW 40 million.