1. Compulsory execution based on the notarial deed No. 384 of 2012 against the defendant's defendant's writing C Office against the plaintiff.

1. Basic facts

A. A. On November 25, 2011, Nonparty D accepted the instant “E” from the Defendant’s Defendant, and Nonparty D did not pay the remainder of KRW 25 million out of the acquisition amount.

B. On May 9, 2012, D, as the Plaintiff’s agent who is the father on May 9, 2012, using the Plaintiff’s seal imprint certificate and the Plaintiff’s seal imprint certificate as the Plaintiff’s agent, and with the Defendant, written up a notarial deed of money loan agreement (hereinafter “notarial deed of this case”) with the effect that “the Plaintiff shall borrow KRW 30,000,000 from the Defendant on May 9, 2012 at an interest rate of KRW 2.5% per month, and shall pay KRW 3 million at the end of every ten months from June 2012 to March 2013, and if the Plaintiff fails to perform the said obligation, it shall be recognized that there is no objection even if compulsory execution is immediately conducted by the Plaintiff.”

[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The plaintiff's assertion (1) since the plaintiff did not grant the power of representation to the non-party D with respect to the preparation of the notarial deed of this case, the notarial deed of this case is null and void since it was made upon the commission of the unauthorized Agent. The defendant also prepared D and notarial deed of this case in the form of notarial deed with the knowledge that D did not grant the power of representation from the plaintiff. Thus, the notarial deed of this case is also null and void

Therefore, compulsory execution based on the Notarial Deed of this case shall not be permitted.

(2) At the time of preparing the Defendant’s assertion, D obtained permission from the Plaintiff, the father, and prepared a power of attorney in front of a notary public C, and submitted the Plaintiff’s seal impression and a certificate of seal impression to the notary public. The above certificate of seal impression is five days prior to the preparation of the notarial deed.