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(영문) 대구지방법원 2019.08.22 2018나318585
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to paragraph (2).

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such reasoning is cited in accordance with Article 420

(In view of the evidence duly admitted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are justifiable even if the defendant added the evidence submitted in this court to the court of first instance. The following contents are added between the fourth one and the second two.

A. The indication of recognition and recognition of execution, which allows a person to have executory power as a title of debt, is an action against a notary public, so it is not effective as a title of debt in the event a notarial deed has been made upon a commission of an unauthorized representative (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001). The burden of proving that there is a power of attorney to prepare such notarial deed is an obligee who asserts its effect. The burden of proving that there is a right of attorney to directly prepare the notarial deed is presumed to have the authenticity of the part made by a notary public of the notarial deed, but it is presumed that the notarial deed is presumed to have been made by an agent to have the right of attorney and that there is a legitimate right of attorney (see, e.g., Supreme Court Decision 2002Da18114, Jun. 28, 2002). The seal imprint and certificate are not sufficient to recognize one power of attorney as to the above parties.

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