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.

1. The reasons why a member of a party states this part of the basic facts are the same as the relevant part of the judgment of the court of first instance, and thus, it is determined to accept it as it is in accordance with the main sentence of Article 42

2. Determination as to the assertion based on tort liability

A. The defendant alleged that the power of attorney in the name of the plaintiff as to the preparation of the notarial deed of this case was aware of the forgery by C, or that there was gross negligence that did not confirm to the plaintiff at all once while recognizing such possibility, and that the plaintiff was merely merely a business operator in D and was not liable to pay food materials to the defendant. Nevertheless, the defendant applied for compulsory execution of this case based on the invalid notarial deed of this case, and was also liable to compensate the plaintiff for the amount equivalent to the auction price of real estate (including auction costs) which is the damage suffered by the plaintiff and the plaintiff's mental damage.

B. As to the statements in Gap evidence Nos. 1 through 19 and witness C of the first instance trial, it is not sufficient to recognize that the defendant applied for compulsory execution of the real estate of this case on the basis of the notarial deed of this case and claimed the cost of food materials against the plaintiff as tort against the plaintiff, as alleged by the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit without need to review.

3. Determination on the claim for return of unjust enrichment

A. The Defendant asserted that the instant real estate was subject to compulsory execution on the instant notarial deed prepared in accordance with the forged power of attorney, thereby unfairly benefiting dividends and causing property damage equivalent to the said amount to the Plaintiff. As such, the Defendant is liable to return the said amount to the Plaintiff with unjust enrichment.

B. (1) Determination is a notarial deed.