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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The Defendant’s defense of this case is unlawful since the power of attorney submitted by the Plaintiff’s attorney at the first instance court appears to have been forged, and otherwise, it cannot be deemed that the power of attorney at the first instance court has been proved.
However, in full view of the contents and the purport of the evidence No. 13-1, No. 2, and No. 19, it is reasonable to deem that the Plaintiff’s attorney at the first instance court granted the Plaintiff the power of attorney at the first instance court. Thus, the Defendant’s main defense is without merit.
2. Basic facts
A. On May 8, 2012, the Plaintiff entered into a real estate security trust agreement (hereinafter “security trust agreement”) with the Defendant for the realization and settlement of each real estate listed in the separate sheet No. 2, which is owned by the Plaintiff (hereinafter “instant real estate”). The main contents are as follows.
Article 1 of the Security Trust Contract (Trust Purpose) The purpose of this trust is to preserve and manage the real estate of this case and to liquidate it in the event of default in order to guarantee the ownership management of the real estate of this case and the performance of obligations or responsibilities owed by the truster.
Article 2 (Kinds, Kinds and Prices of Trust Property) (1) Types and quantities of trust property when concluding a trust contract shall be as shown in attached Form 2 (Real Estate in this case).
Article 3 (Trust Period) (1) The trust period shall be as shown in the attached Form (where a debt of the beneficiary is remaining, the trust shall not be terminated at the time of completing the performance of the obligation, or until the disposal of the trust real estate) and the trust period may be extended after consultation between the truster and the trustee before the termination of the trust.
Article 5 ( Originals of Trust) The originals of Trust shall be used to invoke the trust property or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the trust property, the penalty arising in relation to the disposal procedure, and the money belonging to the trust property.