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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
3.Paragraph 1. of the text of the judgment of the court of first instance.
Reasons
1. Determination as to the cause of claim
(a) Recognition 1) Net B (Co-defendants in the first instance trial, but died during the proceeding;
hereinafter referred to as “the deceased”
A) On September 25, 2003, H Co., Ltd. (hereinafter “H”) operated by the Deceased from the Plaintiff on September 25, 2003
(2) The Plaintiff borrowed KRW 100 million from September 28, 2004 to 1.5% of the interest rate (hereinafter “the instant loan”).
(2) After that, Defendant C prepared a letter of delegation to the Deceased, and issued a certificate of seal impression with the Plaintiff’s certificate of seal impression. On December 26, 2006, the Plaintiff entrusted the Deceased with the preparation of a notarial deed as to the two copies of promissory notes (hereinafter “instant promissory notes”) dated May 31, 2007, at the same face value as the agent of Defendant C, the face value of which is KRW 30 million, and the due date, March 31, 2007, at the same face value as the agent of Defendant C, with the power of attorney attached with the certificate of seal impression in the name of Defendant C, and the Plaintiff signed a notarial deed with the No. 2109 at the 2006 B/S office.
3) However, even after the payment date of the above promissory note was due, Defendant C did not repay the obligations of the promissory note, and the Plaintiff is entitled to 843/372 of the shares owned by Defendant C, among the shares owned by Defendant C, and 2321 square meters in JJ orchard 2321 square meters, 580/2321 of the shares owned by the Defendant C, among the shares owned by Defendant C, 30 million square meters in the 33372 square meters in U.S. The Plaintiff is entitled to the provisional attachment of real estate (this Court Decision 2007Kadan5467, hereinafter “instant provisional attachment”) as of May 31, 2007.
(4) After having received a provisional attachment on June 3, 2007, the provisional attachment was completed on April 7, 2010, and the provisional attachment was executed on April 7, 2010 with the decision to commence compulsory sale (Cheongju District Court Chungcheong Branch Branch K). The deceased on July 8, 2010, repaid the Plaintiff KRW 20 million out of KRW 60 million until October 30, 2010, respectively, until December 30, 200, and completed the provisional attachment registration on each of the above shares, and the Plaintiff prepared a letter of performance (Evidence (Evidence 1) stating that the repayment of the remaining balance will be made later, and the Plaintiff was made on July 5, 2010.