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1. The Defendant’s notary public against the Plaintiff is a deed dated 10, 2014, issued by the Defendant on July 10, 2014.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1, 2, 7, 8, and 12-1 and 2:
Nonparty C, the husband of the Plaintiff, died on April 12, 2015.
(hereinafter “the deceased”). The deceased’s property heir is D, who is his/her father and wife, and the Plaintiff and D were tried on August 20, 2015 to accept the report of renunciation of inheritance as Seoul Family Court Decision 2015Ra4688.
B. On July 10, 2014, Nonparty E, the husband of the Defendant, on behalf of the Plaintiff, the Deceased, and the Defendant, entrusted the Defendant with the preparation of a notarial deed of a monetary loan agreement on behalf of the Plaintiff and the Deceased, which read, “The Defendant shall set KRW 200 million to the Deceased on July 16, 2014, and at 2.5% interest rate, and the Plaintiff shall jointly and severally guarantee the obligation of the Deceased.” The notarial deed of a monetary loan agreement on behalf of the said office (hereinafter “notarial deed of this case”).
C. As of July 9, 2014, the instant notarial deed is accompanied by a power of attorney to the effect that E was delegated by the Plaintiff, the Defendant, and the Deceased with all authority to commission the preparation of the authentic deed (hereinafter “the instant power of attorney”), and the term “a delegating” refers to the Plaintiff’s name and address, and the seal of the Plaintiff’s name is affixed next thereto.
Meanwhile, as of April 25, 2015, the Deceased issued a certificate of personal seal impression under the name of the Deceased at the Fdong Office of Yeongdeungpo-gu Seoul on behalf of the Plaintiff, and the Plaintiff’s personal seal impression was not reported after the first report on January 7, 2002.
On August 2015, the Defendant applied for a compulsory auction on the Plaintiff’s share (1/2) of the H building 103 Dong 2101, Yeongdeungpo-gu Seoul Metropolitan Government H building G to this court on the basis of the instant notarial deed. On August 10, 2015, the compulsory auction procedure was commenced on the 10th of the same month.
2. The Plaintiff’s assertion is the deceased.