1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On November 12, 2008, B and the Defendant’s agent E entrusted a notary public with the preparation of a notarial deed of a monetary loan agreement with the content that “the Plaintiff borrowed KRW 50,000,000 from the Defendant on the joint and several surety of January 16, 2008, with the interest rate of KRW 50,00,000,00 from the Defendant as 2.5% per month and the maturity period until January 31, 2009, and the Plaintiff and B are not dissatisfied with compulsory execution of the said obligation.” On the same day, the said law firm prepared a notarial deed of a monetary loan agreement (hereinafter “instant notarial deed”) by the 3926th day of the said deed.

B. On April 5, 2010, the Defendant, as F of this Court, received a decision to commence compulsory sale of real estate regarding the second floor H of the G Building in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, which was owned by the Plaintiff as the claimed amount of KRW 30,00,000 out of the amount of credit under the said notarial deed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s wife B, the Plaintiff’s wife, did not grant the Plaintiff the power of attorney to commission the preparation of the Notarial Deed, and instead, the Plaintiff’s seal imprint was removed from the Plaintiff, thereby commissioning the Plaintiff to prepare the Notarial Deed.

Therefore, since the notarial deed of this case is invalid, compulsory execution based on the notarial deed of this case shall not be permitted.

B. The Defendant’s assertion that the Plaintiff granted the right of representation to B on the part of his business in the Philippines, and the Defendant confirmed the right of representation and entrusted the instant authentic deed. Thus, the Plaintiff’s assertion is without merit.

3. Determination

A. The indication of recognition and recognition of execution that a notarial deed of this case can have an executory power as an executory power is an act of litigation against a notary public, so it is not effective as an executory power in case where a notarial deed has been prepared upon a commission of an unauthorized representative, and there is a power of attorney in preparation of such notarial deed.