청구이의
1. Certificates prepared by notary public C belonging to the defendant's Gwangju District Prosecutors' Office against the plaintiff on April 13, 2012, No. 828 of 2012.
1. The Plaintiff’s mother, who is the Plaintiff’s primary facts, entrusted the preparation of a notarial deed of a monetary loan for consumption to a notary public’s office in the capacity of the Plaintiff and the Defendant’s agent, and C, a notary public, on April 13, 2012, entrusted the preparation of a notarial deed of a monetary loan for consumption to a notary public’s office, and C, on April 13, 2012, “the notarial deed (hereinafter referred to as “instant notarial deed”) stating that “50 million won is KRW 50 million on April 12, 2012, the obligee, the obligor, the obligor D, the joint and several sureties, the Plaintiff, the due date for payment, and the interest rate of
3) Drafting. [The fact that there is no dispute over the basis for recognition, the entry of Gap 1 and 2 in each evidence, and the purport of the whole pleadings.]
2. The parties' assertion
A. Although the Plaintiff did not delegate D the authority to prepare the instant notarial deed, the Plaintiff asserts that D’s proxy form was forged with the Plaintiff’s seal imprint certificate and the Plaintiff’s seal imprint certificate and entrusted D with the preparation of the instant notarial deed, the instant notarial deed is null and void as it was made without any authority, and that compulsory execution based on the invalid notarial deed should be denied.
B. As to this, the Defendant: (a) the Defendant had a claim against D; (b) the Plaintiff prepared the instant Notarial Deed to secure it; and (c) the Plaintiff delegated D with respect to the preparation of the instant Notarial Deed; (b) the instant Notarial Deed was lawfully made pursuant to the Plaintiff’s delegation; and (c) even if the Plaintiff did not delegate to D with respect to the preparation of the instant Notarial Deed, the Plaintiff, after the instant Notarial Deed was made, remitted KRW 50,000 to the Defendant for interest on October 8, 2012, respectively, as well as on October 17, 2012; and (d) the Plaintiff asserted to the effect that it constitutes an ex post facto ratification for
3. Determination
A. The indication of the recognition of execution that a notarial deed allows to have executory power as an executory title is a procedural act against a notary public.