(영문) 수원지방법원 2018.06.21 2017가단19971

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.21 2017가단19971

청구이의

Text

1. A notary public against the defendant's plaintiff C, 2016 No. 3604, July 20, 2016.

Reasons

1. Basic facts

A. D, having a relationship with the Plaintiff, made a letter of delegation, in the name of the Plaintiff and D, to the Defendant, stating that “The Plaintiff shall delegate to the Defendant all the authority of the Defendant to commission the preparation of a notarial deed with respect to the obligation to pay a loan amount of KRW 30 million to the Defendant, and allow his/her agent and agent to act on behalf of the Defendant” (hereinafter referred to as “the letter of delegation of this case”).

B. On July 20, 2016, the Defendant: (a) entrusted the preparation of a notarial deed to C Office of a notary public with the Plaintiff’s agent and the Defendant’s identity; and (b) on the same day, the notary public drafted a notarial deed of money loan agreement (hereinafter “notarial deed of this case”) No. 3604, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 10 to 13 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff has not delegated the authority to commission the defendant to prepare the notarial deed of this case on behalf of the plaintiff, the notarial deed of this case prepared by the defendant's commission who is not authorized to represent the plaintiff shall be null and void and its enforcement shall be excluded.

As to this, prior to the preparation of the notarial deed of this case, the Defendant asserted to the effect that the notarial deed of this case is valid, as it was prepared by obtaining lawful delegation from the Plaintiff, such as confirming the intention of delegation by telephone communications with the Plaintiff.

B. If the creditor, using the certificate of seal impression and the certificate of seal impression issued by the debtor, entrusts the preparation of a notarial deed as the representative of the creditor and the debtor, the creditor who asserts the effect of the power of representation, and in this case, the certificate of seal impression and the certificate of seal impression can be recognized as one data.

유사 판례

-광주지방법원 순천지원 2018.05.30 2017가단74174

-울산지방법원 2020.07.14 2019가단120304

-광주지방법원순천지원 2015.02.05 2014가단14874

-대전지방법원홍성지원 2020.10.16 2019가단32217

-서울중앙지방법원 2018.12.21 2017가합574880