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(영문) 서울서부지방법원 2018.03.08 2017가단215103
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement No. 109, No. 2017, dated 2017.

Reasons

1. The Plaintiff’s cause of the Plaintiff’s claim is the obligor on the No. 129,100,000 No. 109, 2017 No. 109, a notary public, the law firm of which is a notary public, and the Defendant is the person recorded as the obligee. The instant notarial deed is invalid because the Plaintiff’s form C arbitrarily assumes the Plaintiff’s qualification as the agent without authority, and is thus invalid. Thus, the Plaintiff’s form of the notarial deed is without authority.

2. Facts of recognition;

A. On November 20, 2015, the Plaintiff, as the Plaintiff’s agent, entered into a sales contract with the Defendant to purchase the 2, 3, 4, and 5 floors of the D building in the Seo-gu, Seoan-gu, Seoan-gu, the Defendant owned at KRW 1,750,000,000, and agreed to pay the down payment of KRW 300,000,000 on the date of the contract, and the balance of KRW 1,45,00,000,000,000 until January 20, 2016.

(No. 1). (b)

After that, with respect to the payment of the remainder of KRW 150 million, among the remainder of KRW 155 million, C issued a promissory note with the Defendant under its own name on January 14, 2016, and with respect to the said promissory note, a notary public prepared and executed a notarized bill under No. 52 on January 14, 2016 (No. 2-1), and on February 13, 2016, a notary public issued a promissory note with the Plaintiff’s name as the Plaintiff’s agent and issued a notarized bill with the Defendant’s name on February 13, 2016, and on behalf of the Plaintiff, a notary public prepared a notarized bill with respect to the said Promissory Notes under the name of the Plaintiff as No. 151, 20

(D) A notarial office confirms C’s power of representation by the power of attorney attached to the Plaintiff’s certificate of personal seal impression.

On August 23, 2016, the Defendant completed the registration of ownership transfer for the instant real estate under the name of the Plaintiff.

Since then, the defendant did not pay the remainder of KRW 155,000,000, the original copy of the authentic deed of promissory note issued by the plaintiff on January 31, 2017.

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