beta
(영문) 수원지방법원안양지원 2016.11.29 2016가단104720

청구이의

Text

1. As to the Plaintiff:

A. No. 502 of April 1, 2015, No. 2015, No. 502, which was drawn up by Defendant B’s notary public.

Reasons

1. Facts of recognition;

A. On April 1, 2015, a notary public of the Multiurury Law Firm, at the commission, drafted a notarial deed under a money loan agreement with the purport that a notary public will recognize the immediate compulsory execution (hereinafter “notarial deed No. 1 of this case”) to the effect that the Plaintiff borrowed KRW 26 million from Defendant B on August 1, 2015, without interest agreement, from April 1, 2015, the Plaintiff borrowed KRW 26 million from Defendant B at the maturity rate of August 1, 2015, and that if the said borrowed amount is not repaid, the said borrowed amount would be immediately subject to compulsory execution.

B. On April 17, 2015, a notary public of the Multiury Law Firm, at the commission, borrowed KRW 35 million from Defendant C on April 17, 2015 as the end of October 2015, the Plaintiff made a notarial deed under a monetary loan agreement with the purport that if the said borrowed money is not repaid, the said notary public shall immediately be subject to compulsory execution (hereinafter “notarial deed 2”).

C. At the time of preparation of the notarial deed Nos. 1 and 2 by the Plaintiff, the Plaintiff and the Defendants entrusted the preparation of each of the above notarial deeds with the Plaintiff, and later, the Defendants, who became aware of such facts, filed a complaint on the charge of forging and utteringing the notarial deed, but D did not grasp the location thereof and was under suspension of prosecution.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that although there was no fact that the Plaintiff entrusted D with the authority to prepare and commission the Nos. 1 and 2 of this case to D, D assumes the Plaintiff and entrusted D with the preparation of each of the above notarial deeds by misrepresenting the Plaintiff, each of the above notarial deeds is null and void as it is by the commission of an unauthorized representative to prepare it, and therefore, compulsory execution based on each of the above notarial deeds

3. The indication of recognition and recognition of execution that a notarial deed is able to have executory power as a title of debt is an act of litigation against a notary public, so it is commissioned by an unauthorized representative.