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(영문) 수원지방법원 2020.07.23 2019나93011
약정금
Text

All appeals by plaintiffs (appointed parties) and appointed parties C and claims by the designated parties C expanded by this court.

Reasons

1. Facts of recognition;

A. The plaintiff (Appointed Party) and the appointed party C (hereinafter the plaintiff (Appointed Party) together with the appointed party C (hereinafter the "Plaintiffs") and the defendant are members of the house that jointly set up Dmph E with Dmph E.

B. On October 25, 2007, the Defendant issued and delivered to the Plaintiffs a promissory note of KRW 100 million at par value (hereinafter “instant promissory note”) as of October 25, 2007, the issuer, the date of issuance, and the date of payment, October 25, 2007.

C. The Plaintiffs and the Defendant drafted, with respect to the Promissory Notes of this case, a notary public, No. 1456, Oct. 25, 2007, No. 1456, a deed of promissory Notes No. 1456 (hereinafter “instant No. notarial deed”).

The land of this case was owned by the deceased G (hereinafter “the deceased”). Under the Act No. 89758 of June 24, 2008 (No. 7500, May 26, 2005; hereinafter “Special Measures Act”), the ownership transfer registration under the Defendant’s name was completed on March 14, 1987 (hereinafter “the ownership transfer registration”).

E. The relationship between the plaintiffs and the defendant is as shown in the attached household chart.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. After the death of the deceased, the registration of the inheritance of the instant land was deferred due to various circumstances, and the registration of the ownership transfer was completed to the defendant pursuant to the Act on Special Measures, and then the ownership transfer was again made in the name of the deceased’s heir, and the Promissory Notes and the Notarial Deed in this case were prepared and delivered for the purpose of securing the payment of agreed money, and completed the registration of the ownership transfer to the defendant.

(1) The defendant shall raise objection.

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