[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. 1) The defendant asserts that the lawsuit of this case should be dismissed as there is no benefit in the lawsuit since he withdrawn the application for compulsory auction with the title of execution. 2) The lawsuit of objection is a lawsuit seeking the exclusion of general executory power of execution, and even if the defendant withdraws compulsory execution, the defendant can enforce compulsory execution against the plaintiff, who is an executory power of the notarial deed of this case, even if he withdraws compulsory execution, so it cannot be deemed unlawful as there is no benefit in the lawsuit of this case solely on the grounds asserted by the defendant.

The defendant's main defense is without merit.

B. Determination 1 on the merits is that the indication of an execution recognition and recognition that a notarial deed allows an executory power as an executory power is a litigation against a notary public, so there is no effect as an executory power in case where a notarial deed is prepared upon the commission of an executory power agent, and the burden of proof as to the existence of an executory power in preparing such a notarial deed exists on the creditor who asserts its effect. The authenticity of the portion drawn up by a notary public of a notarial deed is presumed, but the facts which can be acknowledged by it are presumed to have been made by an agent only by requesting the preparation of a notarial deed, and it is not naturally acknowledged that the agent has a legitimate power of attorney (see Supreme Court Decision 2002Da18114, Jun. 28, 2002). In addition, the seal imprint and the certificate