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(영문) 대구지방법원포항지원 2015.06.04 2014가단8927

청구이의

Text

1. Certificates No. 214, 2010, drawn up by the Defendant’s notary public against the Plaintiff on February 9, 2010.

Reasons

1. Basic facts

A. On February 9, 2010, the Defendant entrusted a notary public with the preparation of a notarial deed under a debt repayment contract (hereinafter “notarial deed of this case”) to the effect that “The Plaintiff, on January 25, 2010, guaranteed and guaranteed the Defendant’s debt amounting to KRW 46,00,000,000 on behalf of the Plaintiff on behalf of the Plaintiff, with the power of attorney in the name of the Plaintiff, accompanied by the Plaintiff’s certificate of personal seal impression from the law firm Taesung, and the Defendant consented to this. When the Plaintiff fails to perform the above monetary obligation, the Defendant immediately entrusted the Plaintiff with the preparation of a notarial deed of debt payment contract (hereinafter “notarial deed of this case”).

B. On September 15, 2014, the Defendant issued a collection order under the title of execution with respect to the instant authentic deed as the title of execution and issued the Plaintiff’s wage claim seizure and collection order.

C. The plaintiff is a parent of C.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that "the defendant prepared the notarial deed of this case on behalf of the plaintiff without being delegated with the authority to prepare the notarial deed of this case by the plaintiff. Therefore, since the notarial deed of this case is null and void, compulsory execution based thereon must be rejected."

In regard to this, the defendant is against the ruling that "the notarial deed of this case is prepared between C and the defendant delegated with the authority by the plaintiff."

B. The indication of the recognition and recognition of execution that a judgment notarial deed allows a person to have an executory power as an executory power is an act of litigation against a notary public, so it is not effective as an executory power in a case where a notarial deed is prepared upon a commission of an executory power agent (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001). The burden of proving that such notarial deed has an executory power is an executory power is an executory power, and the creditor