1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

A. The Plaintiff issued the Plaintiff’s seal imprint, certificate of personal seal impression, etc. upon the Plaintiff’s request that the Plaintiff be transferred the ownership of the automobile under the Plaintiff’s name.

B. B entered into a contract with the Defendant on May 26, 201 under the name of the Plaintiff by using a seal imprint, a certificate of seal impression, etc. received from the Plaintiff (hereinafter “instant loan contract”). Accordingly, on May 26, 201, the Defendant paid KRW 22,00,000 to the Marato Lease Co., Ltd., Ltd., a partner company of installment financing, and used the said money as the automobile purchase fund.

C. In addition, B completed the transfer of ownership in the name of the Plaintiff on May 27, 201, using the above seal imprint, certificate of personal seal impression, etc. received from the Plaintiff.

On June 24, 2011, the No. 1222, a notary public, in relation to the instant loan agreement, prepared a notarial deed of a monetary loan agreement (hereinafter “instant notarial deed”) stating that “the Plaintiff shall pay in installments the principal and interest of the instant loan to the Defendant from June 20, 201 to May 20, 2014” (hereinafter referred to as “instant notarial deed”). The notarial deed of this case states that the Plaintiff and the Defendant’s agent entrusted the preparation.

E. On October 25, 2011, the Defendant filed an application for compulsory auction with the Daegu District Court for the instant No. 307 of the notarial deed with the title of execution, and filed an application for compulsory auction with the Seo-gu District Court Branch Branch Branch SupportF. The said court rendered a decision to commence compulsory auction on October 25, 2011.

F. On December 20, 201, in the process of the above auction procedure, the Plaintiff repaid KRW 23,428,118 to the Defendant on the debt indicated in the instant notarial deed, and the Defendant withdrawn the above application for auction on the same day.

[Ground of recognition] A. The Plaintiff’s assertion of the purport of the entire pleadings to the parties concerned is a motor vehicle with no dispute, Gap’s evidence Nos. 1 through 5, Eul’s evidence Nos. 1, 2, and 9.