청구이의
1. The Defendant’s notary public against the Plaintiff is subject to compulsory execution based on the No. 216 of the C Deed No. 2012.
1. On January 27, 2012 between the defendant, the plaintiff, and the plaintiff's mother D, a notary public on January 27, 2012, prepared a notarial deed under a money loan agreement with the defendant as a joint guarantor that "if the debtor D agrees to pay 20,000,000 won to the creditor (the defendant) by June 30, 2012, the plaintiff as a joint guarantor shall pay 20,000 won, and if the debtor and joint guarantor fail to perform the above obligation, they shall be jointly and severally guaranteed, and if the debtor and joint guarantor fail to perform the above obligation, they shall be informed that there is no objection even if they are immediately subject to compulsory execution" (hereinafter referred to as "notarial deed of this case"), and at the same time, the defendant commissioned the defendant to prepare the notarial deed of this case on behalf of the plaintiff and D [the defendant] on the same day and the power of attorney in the name of the plaintiff (Evidence 1
2. The proxy of this case (hereinafter referred to as “the proxy of this case”).
(B) The facts are found to be either in dispute between the parties or in Gap evidence 1-1 and 2, taking into account the overall purport of the pleadings.
2. Determination as to the cause of action
A. The indication of the recognition and recognition of execution that a notarial deed allows a notarial deed to have an executory power as an executory power is an act of litigation against a notary public. Thus, in a case where a notarial deed is prepared by a commission from an executory agent, it is not effective as an executory power (see Supreme Court Decision 2006Da2803, Mar. 24, 2006). The burden of proving that a notarial deed has an executory power to commission the preparation
(See Supreme Court Decision 2008Da42195 Decided September 25, 2008). In addition, where a third party entrusts the preparation of a notarial deed as a debtor's agent, the circumstance that the third party entrusts the preparation of a notarial deed with the debtor's seal impression, certificate of personal seal impression, and identification card is nothing more than one of the materials that can recognize the right of representation, and therefore, the third party does not necessarily have the right of representation to commission the preparation of a notarial deed on behalf of the debtor, and there is a right of representation.