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(영문) 서울중앙지방법원 2018.01.17 2016가합510056
청구이의
Text

1. Of the instant lawsuit, the Defendant’s notary public against the Plaintiff No. 95 of Seoul General Law Firm No. 2015.

Reasons

Basic Facts

The Plaintiff is a person who married Nonparty C on September 19, 2012 and divorced on February 9, 2017.

On June 15, 2015, between the Plaintiff, C and the Defendant, a notary public drafted the following promissory note No. 95 (hereinafter “instant promissory note”) and the notarial deed (hereinafter “instant notarial deed”) as the Seoul General Law Firm Preparation Deed No. 2015.

No. 95 of the deed 2015: The relation between the issuer (debtor) and the issuer (debtor): The relation between the issuer and the agent C: the payee (creditor) defendant and the agent of the defendant is the person issuing the bill and his/her name and seal affixed to this deed; and when the payment of the bill is delayed to the holder of the bill, the holder of the bill requested the preparation of a notarial deed to the effect that he/she does not object to the bill even if he/she is immediately subject to compulsory execution, and affixed his/her signature and seal thereto.

A client (debtor and issuer) and a debtor's agent C client (creditor, payee) BD D D A C (com) are acknowledged by the power of attorney accompanied by his certificate of personal seal impression.

(hereinafter) [Grounds for Recognition] A] without dispute, Gap evidence No. 23, Eul evidence No. 9, and the purport of the entire pleading of this case as to the legitimacy of the lawsuit of this case, the plaintiff is entitled to the lawsuit of this case to refuse compulsory execution based on the notarial deed of this case, and the lawsuit of this case is deemed to be lawful ex officio.

When a notarial deed was prepared on the basis of the commission of an unauthorized representative and is null and void, the obligor may seek a trial of denial of compulsory execution by an action of demurrer against the claim. However, the obligee became null and void from the beginning of the notarial deed, except in cases where compulsory execution based on the above notarial deed has become null and void due to other reasons, such as whether the seizure was conducted in competition or not, or not, if the compulsory execution based on the above notarial deed has been completed as a whole.

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