청구이의
1. A deed signed by the defendant against the plaintiff on September 21, 2007 by a notary public of the defendant's joint law office against the plaintiff, No. 1981.
1. Basic facts
A. On May 11, 2007, the Plaintiff’s former wife: (a) drafted a power of attorney under the Plaintiff’s name that “The Plaintiff entrusted the Defendant with the preparation of a notarial deed pertaining to the obligation to pay a loan amount of KRW 50 million to the Defendant; and (b) allow the Defendant to act on his behalf and on behalf of both parties,” with the Plaintiff’s seal impression and seal impression (D’s certificate was issued by proxy) as the Defendant.
B. On September 21, 2007, the defendant entrusted a notary public with the preparation of a notarial deed in his/her capacity as the plaintiff's agent and the defendant, and on the same day, the notary public prepared a notarial deed in his/her capacity as Cjoint Law Office No. 1981 of 2007 (hereinafter "notarial deed in this case").
C. On May 19, 2017, the Defendant received the attachment and collection order as to the Plaintiff’s claim by designating the title as the title of execution of the Notarial Deed as the Gwangju District Court’s Net-si 2017TT3148.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 and 4 (including branch numbers, if any) and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties' arguments argues that since the plaintiff has not delegated the authority to commission the defendant to prepare the notarial deed of this case on behalf of the plaintiff, the notarial deed of this case prepared by the defendant's commission, who is not authorized to represent the plaintiff, is null and void as it constitutes an unauthorized representation and a self-contract, and therefore the seizure based thereon should be dismissed.
As to this, the Defendant asserted that the instant notarial deed constitutes an expression agent under Article 125 of the Civil Act even if not, since it constitutes an expression agent under Article 125 of the Civil Act, the instant notarial deed is valid.
B. The creditor himself/herself and the debtor's representative using the certificate of seal impression and the certificate of seal impression issued by the debtor.