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(영문) 서울북부지방법원 2018.09.11 2018가단119114
청구이의
Text

1. The Defendant’s notary public against the Plaintiff among the instant lawsuit is a promissory note No. 94, 2007.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s husband D had been liable for loans equivalent to approximately KRW 26,00,000 (this rate is 3%) before November 1, 2006 to E, but the Plaintiff was unable to repay this, and the Plaintiff, on January 30, 2007, issued a promissory note with the contents of KRW 26,00,000 at face value, KRW 26,000,000 at face value, KRW E, the date of payment, and Seoul at the place of payment at the place of payment at issue. D, on behalf of the Plaintiff, a notary public, prepared a promissory note notarial deed (hereinafter “instant authentic deed”) with respect to the said promissory note as a document No. 94, 2007 prepared and delivered it to E.

B. E received a final and conclusive judgment in favor of the contract amount case against D as Seoul Central District Court 2007Kadan281007, and accordingly, as a result of the application for a compulsory auction of real estate to F of the same court with respect to D owned real estate, E received dividends of KRW 7,654,489 on October 9, 2009.

C. The Plaintiff filed a lawsuit of objection against E as Seoul Central District Court 2010Kadan1315 (hereinafter “the lawsuit”). On March 23, 2007, the Plaintiff asserted that E’s compulsory execution based on the instant notarial deed exceeds KRW 18,345,511 (i.e., KRW 26,000 - 7,654,489) (i.e., KRW 200,000) by preparing and delivering to the Plaintiff a letter of commitment that E would be repaid from D and would not request provisional attachment or auction, and thus, the Plaintiff’s real estate will be exempted from debt or will not request provisional attachment or auction, so compulsory execution based on the instant notarial deed shall not be permitted. Since E received KRW 7,654,489 from the above auction procedure, and therefore, compulsory execution based on the notarial deed of this case shall not be permitted until 200% of the total amount of KRW 26,00,000 -7,654,489).

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