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1. Revocation of a judgment of the first instance;
2. The Defendant’s notary public against the Plaintiff in 2014.
Reasons
Basic Facts
The reasoning for this Court’s explanation is that it is identical to the entry of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Judgment
If the stamp image of the person in whose name the signature was affixed to the document concerned is affixed with his seal, barring any special circumstance, it shall be presumed that the authenticity of the stamp image is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document was prepared, and once the authenticity of the stamp image is presumed, the authenticity of the document is presumed to be established. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person in whose name the document was written, and thus, the person in whose name the document was
(2) The court below erred by misapprehending the legal principles on the recognition and recognition of the execution of a notarial deed, which allows a notary public to have executory power as a title of debt, is a procedural act against a notary public. Thus, if a notarial deed is prepared upon commission of a non-authorized representative, it is not effective as a title of debt (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001). The court below erred by misapprehending the legal principles on the recognition and recognition of the execution of a notarial deed as a title of debt.
(See Supreme Court Decision 93Da42047 delivered on February 22, 1994, Supreme Court Decision 2002Da18114 delivered on June 28, 2002, etc.). In addition, where a third party commissions the preparation of a notarial deed as a debtor's agent, the circumstance that the third party commissions the preparation of a notarial deed with the debtor's seal impression, personal seal impression, and identification card is nothing more than one of the materials that can recognize the right of representation, and as a matter of course, the third party commissions the preparation of a notarial deed on behalf of the debtor to a third party.