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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of CY 57m2 (hereinafter “instant land”) in Pakistan-si, and the Plaintiff left D with respect to the construction for constructing a new house on the instant land as a matrimonial relationship.
B. At the beginning of December 2013, when the Housing Corporation was under way, D had forged documents under the Plaintiff’s name to borrow money from the Defendant, and had the Plaintiff receive a false statement with regard to the registration certificate, certificate of personal seal impression, and certificate of personal seal impression.
C. On December 4, 2013, D forged a power of attorney in the name of the Plaintiff using a certificate of personal seal impression and a certificate of personal seal impression issued by the Plaintiff as above, and as if the completion was the same as the Plaintiff granted the power of attorney in relation to money borrowed from the Plaintiff, the Plaintiff and D, as a co-debtor, borrowed KRW 100 million from the Defendant, but as a security for borrowed money, entered into a monetary loan agreement between the Defendant and D, whereby the Defendant would have the right of attorney in relation to the land of this case and the building constructed on the land of this case as well as on the land of this case as a security for borrowed money, and entered into a notarized deed as a notary public on December 165, 2013.
Accordingly, the Defendant issued KRW 100 million to D on December 4, 2013, and D, using the certificate of registration, certificate of personal seal impression, and certificate of personal seal impression issued by the Plaintiff, prepared a land purchase and sale reservation form in the name of the Plaintiff to the Defendant to promise to sell and sell the instant land owned by the Plaintiff at the F judicial scrivener G office located in the city of the Government-si (hereinafter “instant promise”), and issued a certificate of right to registration to the Defendant.
Accordingly, on December 5, 2013, the Defendant received the Korea District Court’s High Court’s High Court’s High Court’s High Court’s receipt of the Korea District Court’s High Court’s High Court’s High Court’s Branch on the ground of the pre-sale agreement as of December 4, 2013.