1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion that the Defendant did not lend money to the Plaintiff is liable for the intentional liability of the Defendant to the Defendant, which had a relationship with the Plaintiff, while paying the amount equivalent to the Defendant’s expense, the instant notarial deed was prepared at the Defendant’s request as to the Defendant’s intimidation telephone, the Plaintiff’s family members and visitors, and the Defendant was also aware of such circumstances, and thus, the said notarial deed’s monetary loan contract as indicated in the instant notarial deed is either a juristic act by a false agreement or a false declaration of intention or an unfair juristic act

Therefore, since the defendant's claim against the plaintiff, which is the cause claim of the notarial deed of this case, does not exist, the confirmation must be sought, and the execution of the notarial deed of this case based on the above monetary loan contract should be excluded.

2. A lawsuit raising an objection to a judgment prior to the merits on the legitimacy of a lawsuit seeking confirmation of the existence of an obligation is aimed at excluding the executory power of an executory power of an executory power, and even if the judgment on a lawsuit raising an objection becomes final and conclusive, res judicata does not extend to the legal relationship that is the cause of an executory power. As such, even though an obligor takes an act of assuming an obligation to a creditor and prepares a notarial deed stating a statement of acceptance for compulsory execution as to the obligation that is the cause of the notarial deed without filing a lawsuit raising an objection to the claim. However, in the event a lawsuit seeking confirmation of the existence of an executory power of a notarial deed is filed on the obligation that is the cause of the notarial deed without filing a lawsuit seeking an objection to the claim, the mere fact that the debtor can file a lawsuit raising an

(Supreme Court Decision 2012Da4381 Decided May 9, 2013). In so doing, the Plaintiff consistently asserts that there is no obligation under the instant Notarial Deed, and the substantive law.