1. No. 113, 2018, a deed drawn up by D on March 7, 2018 by the Defendant’s notary public against the Plaintiff.

1. The Plaintiff’s assertion was filed by a notary public on the basis of the deed prepared by D on March 7, 2018 by D, which was signed by D on March 7, 2018, for compulsory auction of the Plaintiff’s real estate owned by D based on the money consumption and loan contract process certificate (hereinafter “fair deed”).

However, the process deed of this case is prepared by entrusting the plaintiff with the preparation on behalf of the plaintiff in a network E with no power of attorney (the plaintiff's husband) and is not effective.

Even if the family work process deed is effective against the plaintiff, the debt under the process deed of this case is merely 30 million won and is divided.

In addition, the network E and the plaintiff as the debtor in accordance with the fair deed of this case have paid off the defendant in excess of the existing other debt, and if the claim for return of unjust profit due to the above excess repayment is offset or deducted from the debt under the fair deed of this case, all of the debt under the fair deed of this case was extinguished.

Therefore, compulsory execution based on the instant fair deed should be denied.

2. Determination

A. In full view of each of the statements in Gap evidence Nos. 7 and 13-2, the validity of the Certificate of Fairness 1) was as follows: (a) around March 7, 2018, the obligee borrowed the certificate of Fairness 39,000,000 from the obligor on March 2, 2018 upon the commission of the Plaintiff’s agent and the obligor, and the obligee upon the commission of the Defendant, the obligee.

Article 2 (Period and Method of Repayment) The payment shall be made in the designated account jointly by June 2, 2018.

Article 3 (Interest) Interest shall be 0% per annum.

Where a person who is liable for the liability under Article 5 delays the repayment of principal or interest, he/she shall pay the delayed principal or interest at the rate of 24% per annum for the delayed principal or interest.

The debtor: The fact that the content of the plaintiff, the network E, and the creditor is recognized.

2) The Plaintiff asserts that the instant fair deed was made by the commission of a non-authorized representative, but is null and void.