A. The plaintiff is a child of D, and the defendant holds a claim for construction price against D.

B. On April 28, 2015, a notary public of the Plaintiff, the Defendant, and D prepared a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) between the Plaintiff, and the Defendant, and D, stating that “The debtor D shall pay the creditor KRW 45,00,000 as the construction price until April 25, 2017, to the creditor. The Plaintiff, a joint and several surety, as a joint and several surety, is jointly and severally guaranteed by the Plaintiff, and if the debtor and joint surety fail to perform their monetary obligations under this contract, they shall be immediately recognized that they have no objection thereto even if they are subject to compulsory execution.” At the time, D, the father of the Plaintiff, as his father, represented the Plaintiff.

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

2. The plaintiff's assertion and judgment

A. Although the Plaintiff did not delegate the authority to request the preparation of the notarial deed of this case to D, the Plaintiff’s assertion that D entrusted D with the preparation of the notarial deed using the Plaintiff’s seal impression and a certificate of personal seal impression, the above notarial deed is null and void as it is by the commission to prepare the notarial deed. Therefore, compulsory execution based on the notarial

B. (1) Determination is that the indication of the recognition of execution recognition that a notarial deed related to the relevant law has an executory power as an executory power is an action against a notary public, and thus, in case where a notarial deed is prepared upon a commission of an executory power agent, it is not effective as an executory power (see Supreme Court Decision 2006Da2803, Mar. 24, 2006). The burden of proving that there is an executory power to commission the preparation of a notarial deed is an

(See Supreme Court Decision 2008Da42195, Sept. 25, 2008). Meanwhile, if a seal affixed to a document is affixed by his/her seal, the authenticity of that seal is created, barring special circumstances.