1. The Defendant’s law firm against the Plaintiff (hereinafter “Plaintiff”) was drafted on November 14, 201 by the Defendant’s law firm, and a summary note No. 985 on the 2011.

1. Basic facts

A. On November 14, 201, the Plaintiff entered into a sales contract with C to purchase the share of 15/48 square meters of the land D site 1,585 square meters (hereinafter “instant land”) in Yongsan-gu, Yongsan-gu, Busan-do, and the share of 1/2 of the housing of 9.96 square meters on the above land, and 9.96 square meters on the land surface, and 9.96 square meters on the land surface (hereinafter “one building”); and the Plaintiff’s purchase of the share of 26/48 of the instant land and the share of 36 square meters of the housing of 1,585 square meters on the above land (hereinafter “second building”) from the Defendant for KRW 6.5 million.

B. On November 14, 201, the Plaintiff and E issued a promissory note (hereinafter “instant promissory note”) with the Defendant as the Defendant on the date of payment of KRW 120,000,000 per share value, December 10, 2011, and on the same day, the Defendant prepared and issued a notarial deed of promissory note (hereinafter “notarial deed”) with the 985 Certificate No. 2010, a law firm’s name.

C. On January 11, 2012, the Plaintiff completed the registration of ownership transfer on the grounds of sale and purchase on November 20, 2011 with respect to each of the above real estate (hereinafter “C-15/48 shares out of the instant land,” Defendant 26/48 shares, and building Nos. 1 and 2). On the same day, F created a right to collateral security, which is the maximum debt amount of KRW 1.495 million, with respect to a loan granted by the Hansan Saemaul Bank.

[Grounds for Recognition: Evidence No. 1, Evidence No. 2-1, Evidence No. 2, 3, and Evidence No. 3, the purport of the whole pleadings]

2. Assertion and determination

A. Since the Promissory Notes in this case are null and void due to the Plaintiff’s assertion, compulsory execution based on the Notarial Deed in this case is not allowed.

1 E purchased the instant land and the instant building from Defendant and G, made a title trust agreement with the Plaintiff in advance, and made the Plaintiff enter into a sales contract under the Plaintiff’s name and completed the registration of ownership transfer of the said real estate.

Although the plaintiff was aware that he was a trustee at the time when the defendant entered into a sales contract, the balance of KRW 120 million is secured.