A. C borrowed 2.5 billion won from the Defendant on November 3, 2008

(hereinafter “the instant loan”). (b)

C On September 1, 2009, the Defendant issued and delivered one promissory note in Seoul (hereinafter “instant promissory note”) at the face value of KRW 1.5 billion, the issuer C and the Plaintiff, the due date of March 15, 2009, the place of issue and the place of payment.

C. On September 1, 2009, the Defendant: (a) as the principal and the agent of the Plaintiff and C, entrusted D with the preparation of a notarial deed stating that “In the event of delay in the payment of the Promissory Notes, a notary public does not raise any objection even if he is immediately subject to compulsory execution; and (b) the said D prepared and issued a notarial deed of promissory notes entered in the text of the order to the Defendant (hereinafter “notarial deed of this case”).

On July 7, 2011, the Defendant applied for a compulsory auction of real estate with a claim of KRW 8,098 square meters for the amount of KRW 800,000,000 in E forest land, Namyang-si, the Plaintiff owned on the basis of the instant authentic deed, and rendered a judgment of compulsory auction to F with the Government District Court on October 19, 201.

(hereinafter referred to as “instant compulsory auction”). [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 2, 3, and 13, witness G testimony, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The plaintiff's assertion as to the non-authorized representative's assertion 1) The plaintiff did not delegate C or the defendant with the authority to prepare the Promissory Notes of this case and to entrust the preparation of the Notarial Deed of this case. Thus, the Notarial Deed of this case is null and void by the commission of the non-authorized representative's preparation. Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted. 2) The indication of the recognition of execution that a notarial deed can have executory power as a title of debt is a litigation against a notary public, and thus, a notarial deed is made by the commission of the non-authorized representative.