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(영문) 의정부지방법원 2017.08.23 2016가단11
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 108 of the 2015 deed drawn up by the Multiurury Law Firm on January 20, 2015.

Reasons

1. Facts of recognition;

A. On January 20, 2015, a notary public drafted a notarial deed under a monetary loan agreement of KRW 140 million with the debtor as the plaintiff (hereinafter “notarial deed of this case”).

B. On February 24, 2015, the Plaintiff filed a lawsuit seeking confirmation of the absence of the obligation based on the instant Notarial Deed and confirmation of the invalidity of the said Notarial Deed as an execution certificate, with the purport of Article 2015No. 6319, on October 20, 2014, on the ground that “C has not lent KRW 140 million to the Plaintiff on October 20, 2014.” However, the Plaintiff forged the power of attorney under the name of the Plaintiff or supplemented the public disturbance of the said power of attorney in excess of the authority granted by the Plaintiff, using the said power of attorney, and without authority, a notary public had the attorney-at-law belonging to the Multiur Committee prepare the instant No. 140 million won with the amount of principal of the loan as KRW 140 million.”

C. On November 10, 2015, the court of first instance dismissed the part of the instant lawsuit seeking confirmation of the invalidity of the Notarial Deed among the instant lawsuit, and rendered a judgment citing the part seeking confirmation of the non-existence of an obligation stated in the Notarial Deed, where the instant lawsuit document was sent to C’s resident registration, but it did not serve as a service and other addresses are unknown.

Meanwhile, on April 9, 2015, C received a seizure and collection order as to the claims held by the Plaintiff against Non-CCC Card Co., Ltd. based on the Notarial Deed as of April 9, 2015 by the Jung Government District Court 2015TT 6278, and as part of the third obligor deposited an amount equivalent to the amount of claims owed by the Plaintiff.

6.25. Diplomatic Affairs

7.9. The distribution procedure for the deposit has been initiated.

E. On June 11, 2015, the Russ C transferred to the Defendant a claim equivalent to the dividend amount to be received in the distribution procedure set out in the foregoing paragraph (d).

Furthermore, C is the same day.

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