(영문) 의정부지방법원 2017.01.18 2015가단20551

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(영문) 의정부지방법원 2017.01.18 2015가단20551

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 92, 2015.

Reasons

1. Basic facts

A. On April 7, 2015, the Plaintiff’s mother Co., Ltd entrusted the preparation of a notarial deed to a Seongdong General Law Firm as a joint and several surety, and accordingly, the notarial deed listed in Paragraph (1) of the Disposition No. 1 of the same Date (hereinafter “instant notarial deed”) was prepared.

B. At the time of commissioning the preparation of the notarial deed of this case, C presented it to the defendant and the attorney-at-law in charge with the power of delegation for the preparation of authentic deed in the name of the plaintiff, and the certificate of the plaintiff'

C. After doing so, on May 27, 2015, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claim under the District Court Decision 2015 Tage8957, by designating the Notarial Deed as the title of execution.

On the other hand, the Plaintiff asserted that C has forged the power of delegation, etc. to prepare the said authentic deed, and filed a complaint with C on September 25, 2015. As a result, C was indicted for the crime of false entry in the authentic copy of the authentic deed, the crime of uttering of the authentic copy of the authentic deed, etc. and was sentenced to imprisonment for eight months at the Chuncheon District Court on October 21, 2016.

Although C filed an appeal, it was dismissed on January 12, 2017.

[Ground of Recognition] A without dispute, Gap evidence 1 through 20, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The indication of recognition and recognition of execution that allows judgment on the cause of the claim to have executory power as an executory power is a litigation against a notary public, and in case where a notarial deed is prepared upon a commission of an unauthorized representative, it has no effect as an executory power, and the burden of proof as to the existence of power to prepare such notarial deed is a creditor who asserts its effect, and in case where a third party entrusts the preparation of a notarial deed as an executory power of the debtor, the third party is also the debtor'

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