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(영문) 인천지방법원 2020.08.14 2019가합1325
채무부존재확인
Text

1. A notary public C office of the Defendant against the Plaintiff is a notarial deed No. 874, 2016, drawn up on October 20, 2016.

Reasons

1. On October 20, 2016, the Defendant, at the notary office C of a notary public, issued a notarial deed as indicated in paragraph (1) of this Article (hereinafter “notarial deed”) with respect to promissory notes dated October 19, 2016, as of the issuer, the payee, face value 300,000,000, and the issue date on October 20, 2016, and the Defendant stated the said notarial deed as the issuer’s agent.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The indication of the recognition and recognition of execution that a notarial deed has an executory power as a title of debt is an act of litigation against a notary public, so it has no effect as a title of debt (see, e.g., Supreme Court Decisions 2000Da45303, 45310, Feb. 23, 2001; 200Da45303, 45310, etc.). The burden of proving that there is an executory power to prepare such a notarial deed shall be the creditor who asserts its effect. The authenticity of the notarial deed is presumed to have been established directly by a notary public, but it is presumed that the notarial deed has only entrusted the preparation of the notarial deed, and it does not naturally be acknowledged that the agent has legitimate power of attorney (see, e.g., Supreme Court Decisions 93Da42047, Feb. 22, 1994; 2002Da18114, Jun. 28, 2002).

Therefore, compulsory execution based on the above notarial deed should not be allowed.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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