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(영문) 서울남부지방법원 2016.01.29 2015가단23073

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2014, the Defendant’s children, drafted a notarial deed (No. 1830, 2014 No. 1830, hereinafter “instant notarial deed”) with the content that “the Plaintiff borrowed KRW 30,000 from December 24, 2014, and repaid KRW 5 million each month from December 24, 2014 to May 2015, as the Plaintiff’s agent and the Defendant’s representative.”

B. At the time of the preparation of the Notarial Deed, the notary public confirmed the power of representation based on the power of attorney attached to the Plaintiff and the Defendant’s respective certificates of personal seal impression attached to B.

[Reasons for Recognition: Description of Evidence A2]

2. Assertion and determination

A. The Plaintiff’s assertion of this case was made by cutting off the Plaintiff’s certificate of personal seal impression and seal impression even though the Plaintiff did not have an obligation to the Defendant.

Therefore, compulsory execution based on the instant notarial deed is not allowed.

B. Comprehensively considering the evidence submitted by the Plaintiff, B stolen the Plaintiff’s certificate of personal seal impression and seal imprint, and forged a power of attorney in the Plaintiff’s name, thereby preparing the instant authentic deed.

It is insufficient to recognize that the notarial deed of this case was prepared in a false manner, and there is no other evidence to acknowledge it.

3. The Plaintiff’s claim is rejected.