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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the purport of the entire pleadings as to the statement in Gap evidence No. 3, the Plaintiff issued, on June 24, 2013, a promissory note with a face value as “130,000,000 won”, “Defendant,” “payment at sight,” “payment at sight,” “issuance at sight,” and “assumptive note with payment at sight,” respectively, (hereinafter “the Promissory note in this case”) to the Defendant, and as a notary public, as well as a notary public’s certificate under Article 646 of the Law Firm No. 2013, Jun. 24, 201
of this case is recognized as having been prepared.
2. The assertion and judgment
A. The plaintiff deceivings the plaintiff, who was suffering from financing due to the construction of new land C in Boan-si, that the plaintiff would lend KRW 800 million to the plaintiff without the intention or ability to lend the construction cost of KRW 800 million. The plaintiff issued the Promissory Notes in June 24, 2013 with the indication of the Manish, and on the same day, prepared and executed the notarial deed in this case to the defendant. The notarial deed in this case was made by the defendant's deception that the defendant would lend the construction cost of KRW 800 million, and thus, it is null and void, and compulsory execution based on the notarial deed in this case should be denied.
(B) Although the Plaintiff did not bear any obligation against the Defendant, the issuance of the Promissory Notes in this case was retroactively invalidated by the Plaintiff’s deception. Accordingly, since the Promissory Notes in this case are also null and void, the compulsory execution based on the Notarial Deed in this case shall be deemed null and void.) First, as to whether the Defendant deceptions the Plaintiff to lend the construction cost of KRW 80 million to the Plaintiff, the Plaintiff’s assertion is examined, and the Plaintiff’s assertion is acknowledged solely on the respective descriptions of the evidence Nos. 4 through 8, 12 through 14, and No. 26, No. 1 through 4, No. 27, and No. 28-1, and No. 28, respectively.