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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was to provide Defendant C with a claim for refund of deposit money for lease on the third floor of the building of the building of the 3th floor of Yeongdeungpo-gu E, Young-gu to the Defendant as security for transfer, and to borrow KRW 50,000,000 from the said Defendant.
The Plaintiff prepared a notarial deed containing an expression of intent to recognize compulsory execution (hereinafter “notarial deed of this case”) as stated in the purport of the claim regarding the above loan obligation, but the Plaintiff did not actually receive the same loan amount as indicated in the notarial deed of this case from Defendant C.
Therefore, since there is no enforcement bond indicated in the instant notarial deed, compulsory execution should be denied, and there is no loan obligation against Defendant 1, who acquired the above bonds from Defendant 3 (hereinafter “Defendant 33”).
2. Existence of execution claim indicated in the notarial deed of this case
A. On July 27, 2011, the Plaintiff prepared the instant notarial deed with the following content to the Defendant:
(B) At the next time, the creditor and the debtor respectively refer to the defendant C, and the debtor are also the same in the following deed of certification). On May 1, 2011, the creditor under Article 1 (Purpose) lent gold 0,000,000 won (50,000) to the debtor, and the debtor borrowed it.
Article 2 (Time Limit and Method of Performance) Debtors shall refer to the repayment of the above loan by April 30, 2012.
Article 9 (Compulsory Execution and Recognition) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been enforced.
Article 10 (Transfer and Receipt of Claims) The obligor transferred to the obligee on August 10, 201 the claims listed in the separate sheet that he has against the garnishee in order to discharge this obligation, and the obligee acquired it by transfer.
§ 11. (Notice) The debtor shall enter into this contract immediately.