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(영문) 부산지방법원 2015.01.06 2014가단34344
청구이의
Text

1. A notary public against the plaintiff of the defendant prepared on November 5, 2003 by the defendant's notary public on the plaintiff, No. 8998.

Reasons

1. Facts of recognition;

A. On November 5, 2003, when the Plaintiff’s mother approves that the Defendant has the obligation of KRW 25,000,000 and consented that the repayment shall be made by March 30, 2004, the Plaintiff’s mother drafted a notarial deed of monetary loan for consumption by means of collateral security (hereinafter “notarial deed of this case”) on a deposit basis with the law firm as a notary public entrusted on November 5, 2003.

B. The notarial deed of this case contains the contents that the plaintiff is jointly and severally guaranteed by C, and the declaration of intention of recognition that there is no objection even if compulsory execution was conducted immediately when C and the plaintiff fail to perform the above obligation.

C. C refers to the Plaintiff’s agent at the time of preparing the instant notarial deed, and submitted the Plaintiff’s certificate of seal impression and the Plaintiff’s certificate of seal impression to the attorney-at-law in charge of authentication, and the attorney-at-law in charge of authentication prepared the instant notarial deed on the basis thereof.

On March 26, 2014, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff to Busan District Court D on March 26, 2014, and the Plaintiff was determined to suspend compulsory execution based on the instant notarial deed until the instant judgment is rendered by this court, upon filing an application for a suspension of compulsory execution under 2014Kagb218.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 7, 8, 13 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion asserts that compulsory execution based on the Notarial Deed of this case should be rejected as follows. A.

The plaintiff did not confer a power of representation on the commission of preparation of the authentic deed of this case to C.

In other words, among the notarial deeds in this case, the joint and several notarial deeds in the name of the plaintiff are prepared and invalid by the commission of the unauthorized representative.

B. While the instant lawsuit is pending, the sum of KRW 11,00,000 shall be paid between C and the Defendant as the principal obligor in the instant notarial deed.

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