1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. C, upon the introduction of G, agreed to borrow KRW 2.5 billion from the Defendant on November 3, 2008, and pay KRW 5 billion after three months.

(hereinafter “the instant loan”). (b)

After the lapse of three months, C requested C to provide a guarantee from the Plaintiff. On January 19, 2009, C issued and delivered to C a promissory note with a maturity of KRW 1.5 billion at its face value, the date of payment, March 15, 2009, and Seoul at its place of payment (hereinafter “instant promissory note”).

On January 19, 2009, the Defendant entrusted the Plaintiff and C’s agent 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 D prepared and delivered the notarial deed to the Defendant.

C. On July 8, 2011, the Defendant applied for a compulsory auction of real estate with a claim amounting to KRW 800,098 square meters for E forest land in Namyang-si, Namyang-si, the Plaintiff owned the instant notarial deed as the executive title, and rendered a decision to commence compulsory auction on July 11, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 13, testimony of Gap witness G of the first instance court, testimony of the witness C of the trial court, purport of the whole pleadings

2. Determination on the assertion of forgery and unauthorized representation

A. Plaintiff’s assertion 1) The Plaintiff asserts that C arbitrarily prepared the Promissory Notes and Notarial Deed without the Plaintiff’s permission, who was urged to pay back the obligation by the Defendant. 2) In addition, the Plaintiff did not delegate to C or the Defendant the authority to request the preparation of the Promissory Notes and Notarial Deed, but the Defendant entrusted C or the Defendant with the preparation of the Notarial Deed. Thus, the Notarial Deed is null and void as it was entrusted by an unauthorized agent.