On November 12, 2008, B and the defendant's agent E entrusted the preparation of a notarial deed of a monetary loan contract for consumption with the purport that "the plaintiff borrowed 50,000,000 won from the defendant on the joint and several surety of January 16, 2008 from the defendant as 2.5% per month, and the maturity for payment shall be January 31, 2009, and the plaintiff and B shall not have any objection even if they were subject to compulsory execution of the above obligation," and submitted the power of attorney attached by A's certificate of personal seal (issuance) to D, and the above law firm D drafted a notarial deed of a monetary loan for consumption as of January 3926 of 208 on the same day.

(hereinafter referred to as “instant authentic deed”). B.

Based on the above authentic copy of the above notarial deed with executory capacity of KRW 30,000,000, the Defendant received a decision to commence a compulsory auction of real estate enforcement as to No. 2nd H of the 2nd floor of the Seodaemun-gu Seoul Building owned by the Plaintiff.

2. The plaintiff asserts that although there was no fact that he granted the power of representation to B as to the commission of the preparation of the notarial deed in this case to his wife B, the notarial deed in this case is null and void, and therefore, the execution based on the notarial deed in this case should be rejected.

In this regard, the defendant asserts that the plaintiff denies the plaintiff's right of representation on the commission of the preparation of the Notarial Deed in this case.

However, since the indication of the recognition of execution that a notarial deed allows a notarial deed to have executory power as an executory title is an act of litigation against a notary public, if a notarial deed is prepared by a commission of an unauthorized representative, it has no effect as an executory title, and there is a power of attorney to prepare such notarial deed.