A. On February 2, 2009, D issued to the Plaintiff a promissory note with the face value of KRW 180 million, issue date, February 2, 2009, July 30, 2009, the joint issuer D and her husband, C and C as the payee (hereinafter “instant promissory note”), and issued a proxy letter as to the preparation of authentic deeds with the mandator D, C, and mandatory Plaintiff and C’s certificate of personal seal impression.

B. On May 26, 2009, the Plaintiff drafted a notarized promissory note No. 839 in a notary E office using the power of attorney, etc.

C. On the other hand, on April 30, 2009, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the Defendant, the mother, as the head of the Seoul Central District Court, No. 23258, which entered in the separate list (hereinafter “instant real estate”) on the 20th of the same month, based on the trade reservation.

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

2. The assertion and judgment

A. The Plaintiff’s assertion C, who conspired with the Defendant to evade compulsory execution under the burden of heavy debts, concluded the provisional registration of this case on the ground of false trade reservation, and thus, C, who is insolvent, sought implementation of the procedure for cancellation registration of the provisional registration of this case in subrogation of C.

B. The Defendant’s assertion D issued the Promissory Notes using the name of C without permission. Since the three-year extinctive prescription of the instant Promissory Notes has expired, the Plaintiff is not in the status of a creditor against C. The Plaintiff is not only before and after the instant provisional registration, but also the Defendant lent the amount exceeding KRW 100,000 to C for a long time, and it received the instant provisional registration in order to secure the loan claim.

C. In full view of the purport of the entire pleadings as to the statement No. 1 No. 3 of the judgment, C delegates the authority to prepare the instant promissory note to D or the Plaintiff.