1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is the trustee in bankruptcy of A, the Defendant is D’s spouse, and D is the following F’s sentence. 2) The notary public borrowed KRW 170,00,000 from A to 3,00,000 on September 28, 2016 as “F borrowed KRW 170,000,000 from A, a law firm, and paid KRW 56 times each month from October 25, 2016, and paid KRW 2,00,00,000 on 57 occasions, and jointly and severally guaranteed by D” (hereinafter referred to as “notarial deed”), and the said F died on December 13, 2016.

3. However, on January 6, 2017, D, a joint and several liability obligor, donated to the Defendant the Hancheon-gun, Hongcheon-gun, Hongcheon-gun, 265m2, which is its sole property, and completed the registration of transfer of ownership, the above donation contract should be revoked as a fraudulent act, and the Defendant is obliged to implement the procedure for the registration of cancellation of the above transfer of ownership by restoring D to its original state.

B. The defendant's assertion F brings D's seal impression and seal impression without permission to forge the power of attorney and prepares the notarial deed in this case that D is liable for joint and several sureties, and therefore, the defendant's assertion that D's joint and several sureties's debt based on the notarial deed in this case is nonexistent.

2. Determination

A. Where a third party entrusts the preparation of a notarial deed as a debtor’s agent, the circumstance that the third party entrusts the preparation of a notarial deed with the debtor’s seal impression impression, certificate of personal seal impression, and identification card is nothing more than one of the materials that can recognize the right of representation, and thus, does not necessarily recognize the right of representation to commission the third party to prepare a notarial deed on behalf of the debtor on behalf of the debtor. The burden of proof as to the existence of power of representation exists on behalf of the debtor (see, e.g., Supreme Court Decisions 2008Da42195, Sept. 25, 2008; 2010Da44248, Oct. 14, 2010). This is an obligor.