청구이의
1. Revocation of the first instance judgment.
2. The Defendant’s notary public against the Plaintiff is a C Law Firm Preparation Deed, 2015.
1. The reasoning for the court’s explanation on this part is as follows: (a) the relevant part of the judgment of the first instance (from heading up to ending up the plaintiff; and (b) the relevant part of the judgment (from running up to ending up to ending up to ending up to ending up to 4) except for the modification of the part in the second to 12 of the judgment of the first instance as follows; and (c) thus, it shall be cited pursuant to Article 420 of the Civil Procedure Act.
C. On November 12, 2015, the Plaintiff and the Defendant drafted a promissory note No. 138 as follows (hereinafter “instant promissory note” and “instant notarial deed”). D, with the Plaintiff’s seal affixed, issued the instant promissory note in the name of the Plaintiff, and as D’s secretary attached the said promissory note and commission the Defendant to prepare the instant notarial deed along with the Defendant.”
2. The plaintiff's assertion
A. D arbitrarily entrusted the preparation of the instant notarial deed through I without obtaining the power of representation from the Plaintiff, which is null and void by the commission of an unauthorized representative.
B. The instant authentic deed is null and void in that the instant promissory note attached thereto was written without any cause between the Plaintiff and the Defendant.
3. Determination
A. Since the indication of an execution recognition and recognition that a notarial deed as to the preparation of the notarial deed of this case by D is an act of litigation against a notary public, if a notarial deed is prepared by a commission of an unauthorized representative, it is not effective as an executive title, and the burden of proving that the notarial deed of this case has the power of attorney to prepare such notarial deed is an effect to the creditor who asserts its effect.
The authenticity of the portion directly prepared by a notary public of a notarial deed is presumed to have been created, but the facts which can be recognized by it have been commissioned by an agent to prepare a notarial deed.