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(영문) 수원지방법원성남지원 2014.09.03 2014가합716
청구이의
Text

1. The defendant's notary public against C of the 2005 deed No. 2196 and No. 2196 dated July 26, 2005

Reasons

1. Basic facts

A. On July 26, 2005, D made a notarial deed of promissory notes (No. 2196 of the 2005 Office of Daegu High-dong, Law No. 2196 of Jan. 20, 2005, No. 2005) to the effect that the beneficiary, the issuer, the deceased, the issue date of July 26, 2005, and the promissory notes with a face value of KRW 350,000,00 are compulsory execution, and the beneficiary, issuer, the deceased, and the issuance date of the certificate of personal seal impression, etc. are the deceased’s agent, and signed a notarial deed to recognize compulsory execution on promissorysory notes with a face value of KRW 70,00,000, as well as a notarial deed with a face value of KRW 2197,205 (hereinafter collectively referred to as “No. 3097, Jan. 20, 205”).

B. After July 28, 2006, the Deceased died, and the Plaintiff and E jointly inherited the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 4-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff deceased entrusted D with the preparation of the Notarial Deed on behalf of the deceased without authority, even though it did not grant D the power of attorney to entrust D with the preparation of the Notarial Deed. Thus, the Notarial Deed of this case shall be null and void, and compulsory execution based thereon shall not be permitted. 2) The defendant deceased borrowed 15 million won from the defendant on May 12, 2004, and D borrowed 70 million won from the defendant on August 25, 2003, 130,000 won from the loan debt of February 9, 2004, 150,000 won from the loan debt of February 19, 2005, 10,000 won from the loan debt of January 19, 2005, 10 million won from the loan debt of 3.5 billion won from the deceased on January 20, 2005, 3.5 billion won from the loan debt of the deceased on July 15, 20005.

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