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1. The Defendant’s notary public against the Plaintiff is the Ministry of Security, No. 1279, Oct. 30, 2015, No. 1279, No. 2015.
Reasons
1. Facts of recognition;
A. D, while acquiring Kin's house in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as "the instant store") and paying KRW 50,000,000,000 out of the acquisition fund, through the Plaintiff, through the Plaintiff, borrowed and paid the Plaintiff's loan from the Plaintiff, and around February 21, 2014, changed the trade name of the said store into "G" and registered its business in the name of the Plaintiff and operated it.
B. On October 22, 2015, D borrowed KRW 12 million from the Defendant to raise funds for the operation of the instant store (hereinafter “the instant loan”). Around October 22, 2015, D agreed to transfer the ownership of various collection devices, such as cooling and gas, located in the instant store, and equipment to the Defendant by means of possession and alteration of ownership (hereinafter “instant transfer security agreement”). D and the Defendant delegated the preparation of a notarial deed on the instant loan and transfer security agreement to H, who is the Defendant’s seat, for the purpose of securing the performance of the said loan obligations, D respectively prepared and issued a letter of delegation under the Plaintiff’s name (hereinafter “the instant letter of delegation”), and the Plaintiff’s seal imprint attached thereto.
C. On October 30, 2015, H entrusted a notary public with the preparation of a notarial deed concerning a loan contract for consumption of money transferred for security (hereinafter “instant notarial deed”) by means of the Clegal Office No. 1279 on October 30, 2014. On November 10, 2015, H drafted the instant notarial deed, “The Plaintiff, the joint guarantor D, and the Defendant,” which became the debtor, the Plaintiff, the joint guarantor, and the Defendant.
In the notarial deed of this case, the letter of delegation of this case, the list of movable property transfer security on which the Plaintiff’s seal imprints, and the Plaintiff’s certificate of personal seal impression are attached.
D was prosecuted on suspicion that the instant notarial deed was prepared by forging the power of attorney and by using the forged document, and forged the private document at Seoul Western District Court Decision 2016No3947, August 23, 2017.