(영문) 창원지방법원 2015.01.20 2014가단73827

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(영문) 창원지방법원 2015.01.20 2014가단73827

청구이의

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1. No. 1397, an executory deed issued by the Defendant against the Plaintiff, No. 1397.

Reasons

1. Basic facts

A. On May 17, 2010, D, along with the Defendant, visited the Changwon Law Firm as an agent by a notary public, entrusted the Plaintiff with the preparation of an authentic deed of a loan agreement for repayment of obligations (hereinafter “notarial deed of this case”) with the content that the Plaintiff is not dissatisfied with compulsory execution, even if it is subject to compulsory execution.

At the time, D had the certificate of personal seal impression issued on May 17, 2010 and the Plaintiff’s certificate of personal seal impression.

B. The Defendant withdrawn the sum of KRW 40,000,000 from the deposit account in the name of the Defendant and delivered to D, immediately after the instant notarial deed was prepared.

C. On March 7, 2014, the Defendant applied for a compulsory auction of real estate to the Changwon District Court C for the real estate owned by the Plaintiff on March 7, 2014, and the decision to commence the compulsory auction was made on March 10, 2014.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. Whether the notarial deed of this case was prepared by the commission of an unauthorized representative (1) The indication of the recognition of execution that the notarial deed has an executory power as a title of debt is an act of litigation against a notary public, and in case where a notarial deed was prepared by the commission of an unauthorized representative, it is not effective as a title of debt, and the burden of proof as to the existence of the power of attorney to prepare such notarial deed has the effect of the notarial deed.

(See Supreme Court Decision 2002Da18114 delivered on June 28, 2002, etc.). Meanwhile, the seal imprint and the seal imprint are merely one material that can recognize the power of representation, and accordingly, they enter into a monetary loan agreement on behalf of the holder of a title deed on behalf of the holder of a title deed or prepare a notarial deed as to the said contract.

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