1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff leased D Apartment E (hereinafter “instant apartment”) in Suwon-si, Suwon-si, a public rental housing unit owned by the Korea Land and Housing Corporation.

B. On November 13, 2014, the Defendant entered into a sublease contract (hereinafter “instant sublease contract”) with the Plaintiff’s agent, with the content that the instant apartment was leased by setting the deposit amount of KRW 95 million, and the period from December 23, 2014 to December 23, 2016 (hereinafter “instant sublease contract”).

Accordingly, on December 23, 2014, the Defendant paid deposit of KRW 95 million to the Plaintiff’s agent F, and received a receipt from F with the Plaintiff’s seal affixed thereon.

C. In addition, on January 12, 2015, G, an employee of a certified judicial scrivener office, as a proxy of the Plaintiff and the Defendant, entrusted C with the preparation of a notarial deed of promissory notes (No. 32, 2015; hereinafter “notarial deed of this case”) with the following contents as a notary public’s agent, in order to secure the Defendant’s right to return the above deposit of this case, the said notarial deed of this case was prepared.

Issuer: The issuer: The issue date of KRW 95 million for the defendant: December 22, 2014: The issue date: the issue date at sight, the place of payment, and the place of payment: At each time, respectively.

D. At the time of the preparation of the notarial deed, G had the Plaintiff’s certificate of seal impression, promissory notes with the Plaintiff’s certificate of seal impression affixed on the issuer column, and the Plaintiff’s certificate of seal impression affixed.

E. On November 10, 2017, the Defendant issued a collection order for the seizure and collection of the claim against the Plaintiff and the third obligor, as the Suwon District Court 2017TTT 113685 on the basis of the authentic copy of the notarial deed of this case, with the Plaintiff and the third obligor as H, etc.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion of this case is not effective as it is by the commission of an unauthorized representative. Thus, compulsory execution based on this shall not be permitted.

B. The instant case from F.C.