Around April 19, 2013, Nonparty D repeatedly borrowed and repaid money from the Defendant from around 2007, and around April 19, 2013, Nonparty D drafted to the Defendant a certificate of borrowing “D borrowed KRW 30,000,000 from the Defendant” (Evidence 4).

At the time D, without the consent of the plaintiff, forged the name of the plaintiff in the guarantor column of the above loan certificate.

Based on the above loan certificate, on November 8, 2013, the Defendant was rendered a decision of provisional seizure of the land E and buildings on the land and buildings on the land owned by the Plaintiff and the land owned by the Plaintiff (No. 2013Kadan653). On November 26, 2013, the Defendant filed a lawsuit against D and the Plaintiff on the ground of this court’s order as 2013Kadan4915.

On January 14, 2014, the Plaintiff, the Defendant, and D re-written a loan certificate (No. 1) and a written statement of performance (No. 2) to the effect that “D shall repay to the Defendant the outstanding amount of KRW 27,500,000 up to the date in installments and the Plaintiff shall stand joint and several surety” (No. 1). On January 16, 2014, the No. notarial deed (hereinafter “No. notarial deed of this case”) written in the Disposition No. 1 (hereinafter “No. notarial deed”).

After January 20, 2014, the defendant withdrawn all the applications and lawsuits for provisional seizure.

On November 18, 2014, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff as F of this Court based on the Notarial Deed of this case.

Since then, on December 2, 2014, the Defendant prepared a letter of performance (Evidence A6; hereinafter “instant performance letter”) with the following contents to the Plaintiff, and withdrawn the said application for compulsory auction on December 3, 2014.

A(Defendant) filed an application for a compulsory auction for a certificate of loan made to A (the creditor, debtor D, or guarantor with respect to the real estate owned by the plaintiff) by evidentiary material. Each clerk does not state his/her name, signature, resident registration number, etc. as the guarantor, and he/she knew that D was made a false report to A after being aware of the fact that D was made in the past.