청구이의
1. The Defendant’s notary public against the Plaintiff has the executory power of No. 14, 2009, a certificate of ice preparation by law firm.
1. The following facts are acknowledged by the parties to a dispute or by the purport of Gap evidence No. 2 and all pleadings.
A. On January 12, 2009, the defendant entrusted a notary public to the attorney-at-law in charge of authentication belonging to the law firm ice office on behalf of the plaintiff, D, E, and 120 million won to the plaintiff on October 25, 2008, and requested the plaintiff et al. to prepare a notarial deed of monetary loan agreement with the purport that the plaintiff et al. shall not raise any objection even if he/she is immediately subject to compulsory execution if he/she did not perform the above monetary obligation.
B. Accordingly, a notary public, on the same day, prepared a notarial deed of a money loan agreement No. 14 of 2009 on the same day.
(hereinafter referred to as “instant authentic deed”). C.
On the other hand, after the filing of the instant lawsuit, the Defendant acceptance intervenor received the claim attachment and collection order as to the part of KRW 50 million among the claims based on the Defendant’s No. 2015TT 23205 against the Plaintiff on August 21, 2015, and served the decision on the Plaintiff.
2. The plaintiff's assertion has neither prepared the notarial deed of this case nor conferred a power of attorney to the defendant as to the preparation of such notarial deed.
Therefore, the above notarial deed should be null and void, and compulsory execution based on it should not be allowed.
3. The Plaintiff asserted that the Defendant and the Intervenor acquiring the Defendant (hereinafter “Defendant”) granted his father D comprehensive power of representation regarding the preparation, etc. of the instant authentic deed.
Since the defendant obtained the power of representation on the notarial deed of this case from D and completed the above notarial deed, the above notarial deed was duly established.
4. Determination
A. The defendant's side should prove that the notarial deed of this case was duly established according to the plaintiff's intention.
B. First of all, as to the power of attorney in the name of the plaintiff among the evidence No. 2 (notarial deed), the above power of attorney.