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(영문) 의정부지방법원고양지원 2020.11.26 2019가단16256
청구이의
Text

No. 932 of the deed prepared by the defendant against the plaintiff shall be subject to compulsory execution based on the No. 932 of the deed.

Reasons

1. Around April 2011, the Defendant received a request from Nonparty D to lend KRW 49 million from the Plaintiff’s mother to Nonparty D through the branch.

The defendant demanded D to provide security for the high seas, and D as the debtor, the plaintiff who is his own child, and the certificate of the plaintiff's personal seal impression and the certificate of the right to register the E Apartment F of Seodaemun-gu Seoul, Seodaemun-gu.

The above certificate of the Plaintiff’s personal seal impression is issued by proxy on March 30, 2011.

On April 7, 2011, the defendant lent 49 million won to D.

According to the defendant's commission on June 27, 201, "the plaintiff borrowed 49 million won from the defendant on April 7, 2011 on July 4, 2011, with interest rate of 30% per annum, and when the plaintiff fails to perform his/her monetary obligation, the "notarial deed No. 932 of June 27, 201" of the notary public C prepared to the effect that the plaintiff can recognize that there is no objection even if he/she is immediately subject to compulsory execution.

(iii) have been drawn up. [The facts that there is no dispute over the basis of recognition, Gap 1, 2, 3 evidence, Eul 1, 2 evidence, the purport of the whole pleadings.]

2. The assertion and judgment

A. 1) The party’s assertion 1) although the Plaintiff did not have granted the authority to write the instant notarial deed on behalf of the Plaintiff D or the Defendant, the Defendant entrusted the preparation of the instant notarial deed as the Plaintiff’s representative. As such, the instant notarial deed against the Plaintiff has no effect as an executive title, and compulsory execution based on the instant notarial deed has to be denied. In addition, the notarial deed does not satisfy the requirements for establishment as well as the Defendant’s negligence. 2) The Defendant granted the right of representation by granting a certificate of personal seal impression and a registration certificate to D, and accordingly, lent money to D and drafted the instant notarial deed by granting the right of representation. Even if it is not, the notarial deed is established since it is in relation to the Plaintiff.

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