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(영문) 광주지방법원 2015.05.01 2014가단44883
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 7, 2014, Nonparty C, as the agent of the debtor and B, borrowed KRW 100 million from the defendant on October 1, 2013 at the Barun Law Firm, Nonparty C, as the agent of the debtor and the debtor, entrusted the preparation of the No. 490 of the Monetary Loan Agreement No. 490 of 2014 (hereinafter referred to as the “No. notarial deed of this case”), stating that “C borrowed KRW 100 million from the defendant on June 1, 2013, to pay the above amount up to June 30, 2014, and B shall provide joint and several sureties, and on the same day, the No. notarial deed of

B. As to each of the instant real estate owned by B, the registration of transfer of ownership in the name of the Defendant was completed as of May 15, 2014 by the Gwangju District Court was received on May 15, 2014 by No. 3825, May 12, 2014

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, 5, 9 (including paper numbers)

2. Whether the Plaintiff’s claim against B exists

A. The plaintiff asserts that the notarial deed of this case is valid as it is legally prepared by C as the agent of B with the certificate of the personal seal impression and power of attorney of B, his mother, and even if C did not have the right to represent in the preparation of the notarial deed of this case, since there is a justifiable reason to believe that C had the right to represent in the preparation of the notarial deed of this case, the plaintiff is constituted as an expression agent beyond his authority. Thus, the plaintiff asserts that B has the right to represent in the notarial deed of this case.

As to this, the defendant asserts that the notarial deed of this case is null and void, and therefore the plaintiff does not have any claim against B, since the notarial deed of this case is not issued with the authority to prepare the notarial deed of this case, since the power of attorney was forged as if he was delegated by B without being delegated by B.

B. (1) If a third party as to whether to grant the power of representation entrusts the preparation of a notarial deed as the debtor's agent, the third party is the debtor.

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