(영문) 창원지방법원 2014.10.02 2013가단16124

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.10.02 2013가단16124

청구이의

Text

1. The defendant's notary public against the plaintiff is a notarial deed of C Law Office No. 3197 of C Law Office No. 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff-friendly D borrowed KRW 50 million from the Defendant around April 20, 2006.

(hereinafter “instant loan”). (b)

D) On Apr. 20, 2006, stating the amount of KRW 50,000,000,000 for the obligee, mandatary, obligor D, and joint and several sureties, D, and the Plaintiff, a notary public, with the Defendant, visited the Clegal office to present the instant power of attorney and the Plaintiff’s certificate of personal seal impression, and subsequently commissioned the Plaintiff to prepare a notarial deed in the position of the obligor and the Plaintiff’s agent. Accordingly, the notarial deed as stated in Paragraph (1) of the order as of April 206, as of April 20, 2006 (hereinafter “notarial deed”).

C. On May 24, 2013, the Defendant applied for a compulsory auction on the instant notarial deed, and rendered a decision to commence a compulsory auction on the Plaintiff’s real estate on May 24, 2013.

(F) The original District Court F, hereinafter referred to as the "Compulsory Execution of this case"). / [based on recognition] without dispute, each entry in Gap evidence Nos. 1, 2, and 6 (including additional numbers), the inquiry results on the C legal offices of this Court, the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The plaintiff asserted that the plaintiff did not find the defendant for joint and several guarantee for the loan of this case, or did not prepare the power of attorney of this case, and did not delegate D the power of attorney for the preparation of the Notarial Deed.

Therefore, the notarial deed of this case in which the plaintiff entered as joint and several sureties by the letter of delegation of this case without any authority is null and void, and the compulsory execution of this case based thereon is unfair.

B. The defendant's assertion directly prepared the power of attorney of this case and then notified the preparation of the above notarial deed.

유사 판례

-대구지방법원 2015.09.24 2014나20309

-광주지방법원순천지원 2015.02.05 2014가단14874

-대구지방법원포항지원 2017.05.30 2016가단2237

-창원지방법원 2018.03.09 2016가단7862

-인천지방법원부천지원 2017.09.22 2016가단112077