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(영문) 인천지방법원부천지원 2017.09.22 2016가단112077
청구이의
Text

1. A notary public belonging to the Incheon District Public Prosecutor’s Office against the plaintiff of the defendant was drawn up on April 20, 2012.

Reasons

1. Facts of recognition;

A. On April 20, 2012, a notary public belonging to the Incheon District Public Prosecutor’s Office prepared on April 20, 2012, the Plaintiff and the Defendant drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Plaintiff, on April 20, 2012, jointly and severally guaranteed the Defendant’s obligation to pay KRW 13,00,000 to the Defendant for the loans owed by the obligor C, and the Plaintiff, a debtor C and a joint and several surety, who fails to perform the monetary obligation under this contract, is aware that there is no objection even if they are immediately subject to compulsory execution.”

B. The notarial deed of this case was prepared by C upon commission on behalf of the Plaintiff, and the notarial deed of this case states that “the power of representation on commission is recognized by the principal’s power of representation and a certificate of personal seal impression.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that since D and C, the plaintiff's mother, forged the power of attorney in the name of the plaintiff and entrusted the preparation of the notarial deed in this case without any authority from the plaintiff, the part that the plaintiff guaranteed C's joint and several obligations in the notarial deed in this case is null and void, and therefore the defendant's compulsory execution based on the notarial deed in this case against the plaintiff should not be allowed. 2) The defendant asserts that D are the legitimate representative of the plaintiff in relation to the preparation of the notarial deed in this case, and D was granted the authority to prepare the notarial deed in this case, compulsory execution based on the notarial deed in this case shall be allowed.

B. The indication of the recognition and recognition of execution that a notarial deed 1 is entitled to have executory power as an executory title is an act of litigation against a notary public, so in case where a notarial deed is prepared by a commission of an unauthorized representative, it has no effect as an executory title.

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