채무부존재확인
1. Of the distribution schedule prepared by the said court on May 31, 2016 in the distribution procedure case of the Gwangju District Court wooden Branch C, the defendant is the defendant.
1. Facts of recognition;
A. On January 6, 2016, the Plaintiff deposited KRW 51,662,790, which was the provisional attachment claim amount, as the Gwangju District Court No. 77, No. 2016, as the Plaintiff’s provisional attachment of real estate under his/her name as the Gwangju District Court 2015Kadan4963.
B. On behalf of a limited liability company D, F was issued the attachment and assignment order (hereinafter “instant assignment order”) with the content that “The D will borrow KRW 52,00,000 from the Defendant on February 5, 2016,” by a notary public of a money loan agreement (hereinafter “instant notarial deed”) was signed by the law firm as 85 in 2016, and the Defendant, on March 25, 2016, issued the instant notarial deed as the title of execution on March 25, 2016 with the title of execution of the instant notarial deed as the notarial deed as the title of execution by the Gwangju District Court Branch Branch Branch Order 2016TT1086, with the claim amount as to the claim amount against the Republic of Korea owned by D as KRW 52,892,094 (hereinafter “instant notarial deed”).
C. On May 31, 2016, the Plaintiff, as a person holding provisional attachment, was distributed 34,449,876 won (the amount of claims KRW 51,662,790,667%) as a person holding provisional attachment in the distribution distribution C of the said deposit, and the Defendant received dividends of KRW 17,224,939 (the amount of claims 25,831,395 won).
Accordingly, the Plaintiff raised an objection to the total amount of dividends against the Defendant on the date of distribution, and filed a lawsuit of demurrer against distribution on June 3, 2016, which was within one week thereafter.
[Ground of Recognition] Unsatisfy, Gap evidence 6 to 10 (including additional number), Eul evidence 2
2. According to the witness G’s testimony as to the cause of the claim, G was the representative director of the limited liability company D from December 15, 2015 to March 7, 2016. Since it is recognized that the F did not delegate the authority to prepare the instant Notarial Deed at the time of the preparation of the instant Notarial Deed, the instant Notarial Deed is deemed null and void upon the commission of a non-authorized person.
Therefore, the defendant receives the order of the entire case based on the invalid notarial deed of this case and distributes it to the distribution procedure of this case.