Background
Our client, a clan association, faced compulsory execution on the strength of a notarial deed (a notarized debt instrument) held by the opposing party. A notarial deed is a powerful document permitting execution directly, so unless its effect could be contested the clan's property was liable to be executed against immediately. Changchun represented our client (the plaintiff) in bringing an action for objection to claim.
The Issue — Can Execution Under a Notarial Deed Be Stopped?
Where the debtor proves that the claim recorded in the notarial deed underlying the execution does not exist or is without effect, the debtor can exclude that execution by an action for objection to claim (Civil Execution Act art. 44). The key was to dismantle the basis of the obligation the deed asserted.
How Changchun Helped
With execution imminent, Changchun (attorney Jaeyoon Jung) first obtained a stay of execution (an interim measure) to put out the immediate fire, then contested the substance of the obligation on which the notarial deed rested and showed that there was no basis for its executory force.
Outcome
The court granted our client's claim, disallowing compulsory execution under that notarial deed and approving the stay of execution granted in the meantime. Our client was freed entirely from the risk of improper compulsory execution.
The existence of a notarial deed does not mean execution must simply be endured. Buying time with a stay of execution and contesting the substance of the obligation can stop the execution itself through an action for objection to claim. (Outcomes may differ depending on the facts of each matter.)