1. The plaintiff's claim is dismissed.

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

Basic Facts

Upon the request of B to transfer the ownership of a motor vehicle under the name of the Plaintiff, the Plaintiff issued the Plaintiff’s seal imprint, certificate of personal seal impression, etc. to B. On May 27, 2011, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff with respect to the two-man motor vehicle under the name of B.

B On May 26, 2011, the Plaintiff entered into a contract with the Defendant to borrow KRW 22 million from the Defendant (hereinafter “instant loan contract”). Accordingly, on May 26, 2011, the Defendant paid KRW 22 million to the New Airport Lease Co., Ltd., Ltd., a partner company of installment financing, and the said KRW 22 million was used as the said vehicle purchase fund.

On June 24, 201, a notary public, at the commission of the Plaintiff and the Defendant’s agent, drafted a notarial deed under a monetary loan agreement with the effect that “the Plaintiff shall repay the principal and interest of the instant loan to the Defendant in installments from June 20, 201 to May 20, 2014” (hereinafter “notarial deed of this case”) with the content that “the Plaintiff shall pay the Defendant in installments the principal and interest of the instant loan from June 20, 201 to May 20, 201.”

The Defendant filed an application for a compulsory auction with the Seogu District Court Seo-gu District Court Branch of Seogu District Court on the No. 307 of the notarial deed of this case with the title of execution, and the said court rendered a decision to commence compulsory auction on October 25, 201.

On December 20, 201, the Plaintiff repaid the Defendant the debt amounting to KRW 23,428,118 by the instant authentic deed, and accordingly the said request for auction was withdrawn on the same day.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, and 9, each of the arguments, the purport of the whole pleadings, and the plaintiff B alleged by the judgment party to deliver the certificate of seal impression, certificate of seal impression, etc. necessary for the transfer of the ownership of a motor vehicle, and there is no lack of certificate of power to execute the loan contract of this case.