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 parties' assertion

A. The Plaintiff’s assertion-based Defendant sold approximately KRW 438 square meters of land C in Jeju-si prior to replotting owned by the Plaintiff (hereinafter “instant land”) to a third party without authority, thereby causing damage to the Plaintiff.

Accordingly, as indicated in the evidence No. 1 (hereinafter “instant payment note”), the Defendant, around December 2012, agreed to pay the Plaintiff KRW 2 billion to the Plaintiff for the compensation of the said damages, and the Defendant, among which, up to June 30, 2014, agreed to pay the remainder of KRW 1 billion until December 31, 2015.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 2 billion and damages for delay from the day immediately following the above payment date.

B. The defendant's assertion did not agree on the same content as the plaintiff's assertion, and there is no fact that the defendant affixed a seal on the letter of payment of this case, and the seal affixed on the letter of payment of this case does not constitute a seal used by the defendant in a usual manner.

The defendant promoted the tourist complex development project in the Jeju-si Gwon, and became unable to conduct the project properly since 2012 because health is not good, and the plaintiff started the project on behalf of the plaintiff. In the process, the plaintiff used the seal in the name of the defendant to submit documents to the competent authority. Thus, the seal affixed to the letter of the payment of this case is affixed with the above seal.

2. Determination

(a) If the seal imprinted by a holder of a private document affixed with his/her seal affixed thereto is affixed, barring special circumstances, it is presumed that the authenticity of the seal imprint is established, i.e., the act of signing and sealing it is based on the intention of the holder of the title deed, barring special circumstances. Once the authenticity of the seal imprint is presumed, the authenticity of the document is presumed to have been established pursuant to Article 358 of the Civil Procedure Act, but the document