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(영문) 서울동부지방법원 2018.10.19 2018가단6069
채무부존재확인
Text

1. The Defendant’s notary public of December 21, 2017 against the Plaintiff entered into a monetary loan agreement, No. 2017, No. 1827, Dec. 21, 2017.

Reasons

1. On November 27, 2017, Nonparty D: (a) had one resident registration certificate in the name of the Plaintiff in the name of the Plaintiff located in Yeonsu-gu Incheon apartment Plaintiff’s residence; and (b) D, on December 21, 2017, a notary public borrowed KRW 3.9 million from the Defendant; (c) despite having borrowed KRW 3.9 million from the Defendant, Nonparty D entered “Plaintiff” in the original copy of the notarial deed as if the Plaintiff borrowed KRW 3.9 million from B to KRW 25% per annum; and (d) presented the Plaintiff’s resident registration certificate that he/she was stolen in advance as the Plaintiff in the course of his/her verification, to the attorney-at-law in charge of the notarial deed, “the Plaintiff lent KRW 3.9 million from the Defendant, to repay the principal amount at the time of his/her request, and the Plaintiff did not immediately perform the notarial deed as 2.7% of the principal amount at the time of his/her request.”

D On October 4, 2018, it was sentenced to imprisonment with prison labor for one year and four months in the Incheon District Court in the case of theft, fraudulent entry in the original notarial deed, and the uttering of the original notarial deed due to the fact that the Plaintiff’s resident registration certificate was stolen and the Plaintiff prepared the notarial deed in this case with his driving.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1 through 9, a significant fact in this court, and the purport of the whole pleadings]

2. The indication of recognition and recognition of execution, which allows judgment on the cause of the claim to have executory power as a title of debt, is an act of litigation against a notary public, so it is not effective as a title of debt in case where a notarial deed is prepared by the commission of an unauthorized representative, and it is declared as the Supreme Court Decision on March 24, 2006.

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