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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff supplied the Defendant’s former spouse B, who borrowed the name from D representative E from August 23, 2016 to October 13, 2016, with 507 square meters, but did not receive 35,573,340 won.
B. B, without obtaining the Defendant’s delegation, forged the Defendant’s personal information and signature as a joint and several surety of Lebin documents (Evidence 1) dated August 2016, and as a payment note of Jan. 11, 2017 (Evidence 3 of A) with respect to the supply and payment of the said Lebin documents to the Plaintiff without the Defendant’s authorization.
C. Meanwhile, on October 8, 2010, the registration of ownership transfer was made on the ground of the sale on September 14, 2010 (transaction price of KRW 175,340,000) with respect to F apartment 115, 204, 204 (hereinafter “F apartment 1”) in the mountain, Seonam-dong, Gyeongnam-dong, and on December 11, 2012, the registration of ownership transfer was made on October 30, 2012 with respect to G apartment 104, 804 (hereinafter “2 apartment”).
On May 30, 2017, the Plaintiff was issued a provisional attachment order for the first apartment as the Daejeon District Court 2017Kadan1954, with the above ready-mixed price as the claim bond.
E. On December 14, 1999, the Defendant married with B, but divorced on November 29, 2017.
[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 5, and 6, witness H and I's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is primarily and indirectly indicated that B is a joint and several surety and a joint and several surety for the documents on ready-mixed with the defendant without delegation from the defendant, and the defendant's personal information and signature were written. However, since the defendant explicitly or implicitly ratified the act of unauthorized representation, the defendant is liable to pay the above ready-mixed price to the plaintiff, and as such, division of property for the first, second, apartment, etc. under the name of the defendant while divorced with the defendant while the debts exceed B.