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(영문) 광주지방법원순천지원 2016.11.24 2015가합12483
청구이의
Text

1. No compulsory execution shall be permitted based on each notarial deed listed in the attached Table prepared by G by a notary public;

2...

Reasons

1. Basic facts

A. He at the time entrusted a notary public G with the preparation of a notarial deed under a monetary loan agreement with the purport that “H borrows money from the Defendants as shown in the attached sheet, and the Plaintiffs are jointly and severally guaranteed by H, and if H and the Plaintiffs fail to perform their obligations, they shall immediately be subject to compulsory execution, even if they are subject to compulsory execution,” with the preparation of a notarial deed under a monetary loan loan agreement with the same contents as the attached sheet (hereinafter referred to as “each notarial deed of this case”) by using the power of attorney and the certificate of personal seal impression of the Plaintiffs B and C, who were the husband at the time, and the above notarial deed was accompanied by a power of attorney and a certificate of personal seal impression affixed with the seals affixed to the Plaintiffs’ names.

B. Each delegation attached to each of the notarial deeds of this case (hereinafter “each delegation of this case”) states that the plaintiffs delegate all the authority to commission the preparation of each of the notarial deeds of this case to H. The plaintiffs’ seal impression was affixed to the delegating column.

C. Based on the No. 2, April 3, 2015, Defendant E received a claim attachment and collection order as to the Plaintiff’s wage claim under the Gwangju District Court’s 2014TTT2637, based on the No. 2015, Defendant E received the order of compulsory commencement of the auction on the Plaintiff’s automobile owned by the Plaintiff based on the No. 6, May 27, 2015.

Plaintiff

A filed a complaint with H on charges of forging each power of attorney, etc. of the instant case, and H was indicted for forging private documents, etc. and was sentenced to imprisonment with prison labor for six months with prison labor for the Gwangju District Court on December 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' respective notarial deeds of this case H.

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