1. The Defendant’s notary public against the Plaintiff, No. 953, 2014, drafted on June 25, 2014 by Busan Eastern Law Firm.

1. The obligor, on June 25, 2014, made an offer to reimburse the obligor in accordance with the following provisions after recognizing that the obligee is liable to pay the borrowed debt in the amount of KRW 0,000,000, which is due for the obligee, and the obligee accepted the offer:

Article 2 (Period and Method of Performance) The repayment shall be made on October 31, 2014.

Article 9 (Recognition and Recognition of Compulsory Execution) When a debtor and a joint guarantor fail to discharge a pecuniary obligation under this contract, the debtor and the joint guarantor shall recognize that there is no objection even if they are subject to compulsory execution.

On June 25, 2014, the creditor B (referring to the defendant) debtor A (referring to the plaintiff), the agent C's father C and the defendant prepared a notarial deed (hereinafter referred to as "notarial deed of this case") with the following contents in the office of Busan Dong-dong (hereinafter referred to as the "notarial deed of this case") by a notary public at the law firm office of Busan Dong-dong,

[Ground of recognition] The facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including each number), witness C's testimony, fact-finding reply to the law firm Busan Dong-dong, the purport of the whole pleadings

2. The parties' assertion

A. Although the plaintiff alleged by the plaintiff did not grant C the power of attorney to prepare the notarial deed of this case, C voluntarily entrusted C with the preparation of the notarial deed of this case, the notarial deed of this case is not effective, and compulsory execution based thereon is not allowed.

B. The defendant's assertion C constitutes an agent with the power of representation from the plaintiff, and the notarial deed of this case by C's commission is valid as it is prepared by legitimate authority.

3. Determination

A. Since the indication of recognition and recognition of execution that a notarial deed of a related legal doctrine allows a notary public to have an executory power as an executory title is an act of litigation against a notary public, it is not effective as an executory title in the event a notarial deed is prepared upon commission of an executory representative (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001).