(영문) 서울고등법원 2015.08.13 2014나2044220

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.08.13 2014나2044220

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's judgment, except in cases where part of the judgment of the first instance is rewritten or added as follows 2. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the first instance court's new or additional decision, the phrase "only No. 4 shall be written with evidence No. 4 and No. 5" shall be written with "only the written evidence No. 4 and No. 5 shall be written with four pages below the first instance court's decision."

The arguments in the defendant's trial and the decisions thereon shall be added to the following, between the fifth and the third following third.

F. Ratification 1 of the Defendant’s assertion that the notarial deed of this case was made without obtaining the Plaintiff’s right of representation, even if the Plaintiff received the order of seizure and collection of the Plaintiff’s benefit claim based on the notarial deed of this case, the Plaintiff paid for one year out of the benefit claim seized without raising an objection or taking any legal measures. At will, the Plaintiff does not take any civil or criminal measures against E who made the promissory note of this case and the power of attorney under the name of the Plaintiff. In light of these circumstances, the Plaintiff ratified the preparation of the notarial deed of this case. 2) The declaration of intention of recognition of execution on the notarial deed of this case is a litigation by a notary public by a document prepared in accordance with the method of the sexual rule as a sole declaration of intent of the obligor to the joint law office or notary public, and the declaration of ratification on the recognition of execution among defective notarial deeds should also be made by a notary public in a notarized manner against a joint law office or notary public. Therefore, it is not in accordance with such method.

One of them is the debtor's obligation under substantive law, aside from the fact that the debtor bears the obligation under substantive law.

참조조문

-민사소송법 제420조

유사 판례

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-대법원 1991. 4. 26. 선고 90다20473 판결

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