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(영문) 인천지방법원 2019.09.04 2018나57400
청구이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. This Court shall suspend compulsory execution of 2016 Chicago112.

Reasons

1. The reasoning for the court’s explanation on this part of the facts and the arguments by the parties is the same as that of Paragraph 1 of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. 1) Whether a notarial deed of this case has been prepared by the commission of an unauthorized representative, i.e., the indication of the recognition of execution that a notarial deed of this case has an executory power as a title of debt is an act of litigation against a notary public, and thus, in case where a notarial deed has been prepared by a commission of an unauthorized representative, it is not effective as a title of debt (see, e.g., Supreme Court Decisions 2000Da45303, 45310, Feb. 23, 2001). The burden of proving that a notarial deed of this case has an executory power to prepare such notarial deed is the creditor who asserts its effect. The establishment of the notarial deed of this case is presumed to have been made by the direct authentication of the notarial deed of this case, but it is not naturally recognized that a notarial deed of this case has an executory power (see, e.g., Supreme Court Decisions 93Da42047, Feb. 22, 1994).

However, the above evidence is written in the evidence Nos. 6 to 17, and this Court.

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