(영문) 서울서부지방법원 2019.09.04 2018가합38935

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(영문) 서울서부지방법원 2019.09.04 2018가합38935

기타(금전)

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1. Each objection against the confirmation of invalidity of notarial deeds and grant of execution clause, among the instant lawsuits, shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the heir of the deceased C (hereinafter “the deceased”) as the head of the deceased C (hereinafter “the deceased”). The Defendant is the head of the accounting department E, and the person who was a secretary.

B. The Deceased, who prepared the Notarial Deed of this case, was hospitalized in the F Hospital due to a pulmonary disease, etc. as a person with a disability of the pulmonary 1st degree.

8. On April 17, 2018, the Defendant and a notary public drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “the Defendant set the maturity of KRW 600 million on April 11, 2018 to the Deceased and lent it to the Deceased on June 10, 2018 without an agreement on interest payment” (hereinafter “instant loan”).

C. On August 27, 2018, the deceased died, including the death and compulsory execution of the deceased. On August 28, 2018, the Defendant received the execution clause from the attorney-at-law in charge of the authentication belonging to the above law firm (hereinafter “instant execution clause”), and applied for a compulsory auction of real estate on September 3, 2018 for the Seoul Mapo-gu G Building, H, and Seoul Mapo-gu I’s property owned by the deceased (hereinafter “instant execution clause”), but was decided to dismiss the said request for auction and auction on the ground that the deceased had already died (Seoul Western District CourtJ) and on September 11, 2018.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the notarial deed of this case is invalid since the Defendant’s possession of the seal of the deceased was made at will without any actual monetary transaction or delegation by the deceased, and it is not a notarial deed drawn up by the deceased’s team. It is also invalid, and there is no loan obligation of this case.

Therefore, this paper seeks confirmation of invalidity of the notarial deed of this case, seeks an objection to the grant of execution clause of this case, and seek preliminary objection, and seek confirmation of existence of the obligation of the loan of this case.

3. The case.

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