1. The Plaintiff’s obligation to take over the Defendant according to the credit transfer and takeover contract dated September 9, 2016 between the Defendant and C is an obligation.

Basic Facts

D (C) On June 5, 2009, E, which was delegated by the Plaintiff’s father and C to prepare a notarial deed of monetary loan for consumption, drafted a notarial deed of monetary loan for consumption (No. 150, 2009, No. 150, 2009, hereinafter “notarial deed of this case”) with the content that “the Plaintiff borrowed KRW 14,400,000 from C on June 5, 2009, and, if the Plaintiff did not perform the said obligation, he was subject to compulsory execution.”

C On September 9, 2016, between the Defendant and the Defendant, entered into a bonds transfer contract with the Defendant under which C transfers claims based on the instant authentic deed against the Plaintiff (hereinafter “instant bonds transfer contract”) and notified the Plaintiff of the transfer on September 21, 2016.

[Ground of recognition] without any dispute, entry of Gap's Nos. 1 through 4, and the purport of the entire argument as to the plaintiff's assertion by the plaintiff does not borrow money from the defendant, and only issue a certificate of personal seal impression to the plaintiff as it is necessary for Eul to purchase used cars and deliver it to Eul. It is delegated by Eul with the above certificate of personal seal impression and without the plaintiff's consent to prepare the notarial deed on behalf of Eul.

Therefore, since there is no obligation based on the instant notarial deed against the Plaintiff, the Plaintiff did not bear the obligation to take over money against the Defendant, who is the transferee, and the Defendant’s compulsory execution based on the instant notarial deed should be denied.

The defendant's assertion of this case is valid since D, for which power of representation was granted by the plaintiff, was delegated to E in relation to its preparation.

Judgment

Since the indication of recognition and recognition of execution, which allows a notarial deed to have an executory power, is an act of litigation against a notary public, a notarial deed is prepared by a commission of an unauthorized representative.