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1.The judgment of the first instance shall be modified as follows:
A notary public against the plaintiff of the defendant B is a law firm member.
Reasons
1. Basic facts
A. In around 2009, the Plaintiff was the owner of Kimpo-si F, G, H, and I land (hereinafter “each of the instant lands”). Around 2009, the Plaintiff entered into a contract for construction work with the Multiglar Construction Co., Ltd. (hereinafter “Dagpo-si Construction”). Multiglar Construction Co., Ltd. (hereinafter “K”) awarded a subcontract for a construction work of newly constructing a house on each of the instant lands, and multiglar Construction Co., Ltd. (hereinafter “Magpo-si Construction”) with Defendant B as the representative director of the said construction, respectively. Defendant E performed civil engineering work from May 2009 to July 20 of the said year.
B. On September 29, 2010 with respect to each of the instant lands, the decision of voluntary commencement of auction was rendered to the Incheon District Court Branch Branch of Busan District Court, and the auction procedure on each of the instant lands was in progress. At the above auction procedure, K submitted a lien report on April 201 in the said auction procedure, and on May 201 in the light of mining profit construction, each of the lien reports was filed.
C. On June 201, K and Defendant E prepared to the Plaintiff a letter of waiver of the right of retention, and the Plaintiff filed an application for revocation of the right of retention with the said letter of waiver of the right of retention attached to the auction court.
On June 15, 2011, the Plaintiff and Defendant E, as a notary public, issued to Defendant E a promissory note with the face value of KRW 25 million, and as of July 15, 201, with the issuance of a promissory note with the maturity of KRW 25 million, and as of July 15, 2011, the Plaintiff and Defendant E with the preparation of a notarial deed stating the purport of accepting compulsory execution (hereinafter “notarial deed No. 1”). On June 15, 2011, a notary public issued to Defendant E at the face value of KRW 35 million, and on September 15, 2011, with the issuance of a promissory note with the maturity of KRW 35 million, and on September 15, 2011, with the intent of accepting compulsory execution if the Plaintiff delayed payment to the bearer of a promissory note.