1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On July 17, 2015, a notary public drafted a money loan contract notarial deeds (hereinafter “prior notarial deeds”) with a law firm No. 1037 prepared on July 17, 2015, which is the Plaintiff’s telegraph, between the Plaintiff’s Committee for Promotion of the Establishment of A Housing Redevelopment and Improvement Projects (hereinafter “Establishment Promotion Committee”), and the Defendant. On August 31, 2015, a notary public drafted a money loan contract notarial deeds (hereinafter “notarial deeds of this case”) with a law firm No. 1222 prepared on August 31, 2015, a notary public prepared on August 31, 2015. Each of the above notarial deeds states that the said notarial deeds state that there is no objection even if the Plaintiff, a creditor, fails to perform his/her monetary obligation on the notarial deeds.

B. The Plaintiff, a project implementation district of Gwangju Northern-gu, was a partnership for the purpose of a housing redevelopment project. The Plaintiff comprehensively succeeded to the rights and duties relating to the affairs of the association establishment promotion committee pursuant to Article 34(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Defendant was granted the succeeding execution clause granted on June 19, 2019 to the Plaintiff as the successor of the association establishment promotion committee.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendant claiming that “The Promotion Committee for the Establishment of Partnership did not borrow the money stated in the preceding notarial deed from the Defendant, and even if it borrowed money, the Plaintiff did not report to the Plaintiff on the said notarial deed since it did not have the effect on the Plaintiff since the establishment of the Plaintiff.” The Plaintiff filed a lawsuit seeking non-performance of compulsory execution based on the preceding notarial deed by this Court No. 2019No539461, May 13, 2020. The court decided to hold a meeting on February 27, 2012 to borrow funds to secure operating expenses, and according to the above resolution, the Defendant decided to borrow funds from the Defendant on May 16, 2013.