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(영문) 부산지방법원 2015.09.04 2014나12178
청구이의
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.

2. Costs of appeal.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation on this part is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except where the Plaintiff directly issued “the Plaintiff,” on the third side of the judgment of the court of first instance, as “the Plaintiff was issued as an agent,” and therefore, it is acceptable in accordance with the main

2. Determination on the main claim

A. Judgment on delegation of authority 1) The plaintiff's assertion that there was no joint and several liability against the defendant for the obligation to deposit money on the notarial deed of this case, and there was no fact that the proxy of this case entrusted C with the preparation of the notarial deed of this case (the purport that this case's letter of delegation is forged). Therefore, since the notarial deed of this case is not prepared by a lawful agent, compulsory execution based on this is not allowed. 2) The defendant's assertion that ① even if the plaintiff was notified from the notarial office of the fact that the notarial deed of this case was prepared by the notarial office, the plaintiff did not raise any objection before receiving the defendant's claim seizure and collection order, ② the plaintiff did not have filed a criminal complaint due to the forgery of the notarial deed of this case, ③ there was a fact that the notarial deed of this case was prepared by the same method as before the preparation of the notarial deed of this case

3) Determination A) First of all, since the indication of the recognition and recognition of execution that a notarial deed allows a notary public to have an executory power as an executory power is an act of litigation against a notary public, in case where a notarial deed is prepared upon a commission of an unauthorized representative, it has no effect as an executory power (see, e.g., Supreme Court Decision 2006Da2803, Mar. 24, 2006). The burden of proving that a notarial deed has an executory power to prepare a notarial deed has an executory power is the creditor who asserts its effect, and the establishment of a notarial deed directly produced

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