The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

The court below acknowledged the following facts: (a) the Plaintiff’s signature on the side of the Plaintiff’s seal affixed on the receipt of this case is not the Plaintiff’s body; (b) on the day of the instant sales contract, the Defendant remitted KRW 21 million to G; (c) however, G withdraws KRW 135 million to the Plaintiff; (d) issued a cashier’s checks equivalent to KRW 80 million in face value; (b) G received a writ of summons at the court below three times; and (c) did not appear as a witness even after receiving a decision on the fine for negligence; and (d) the Defendant failed to submit other evidence to recognize that G paid the remaining purchase price of KRW 120 million to the Plaintiff; and (e) according to such facts, it is reasonable to view that G arbitrarily received KRW 80 million at the time of the Plaintiff’s seal affixed on the receipt of this case, and therefore, the sales contract of this case was lawfully rescinded by the Defendant’s declaration of intent to pay the purchase price.

However, we cannot accept the above determination by the court below for the following reasons.

If the authenticity of the seal imprinted on a private document is withdrawn by his/her seal, barring special circumstances, the authenticity of the seal imprinted shall be presumed to have been created, i.e., the act of affixing the seal based on the will of the person who prepared the document, barring special circumstances. Once the authenticity of the seal imprinted is presumed, the authenticity of the entire document is presumed to have been created pursuant to Article 358 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003). If the authenticity of the portion of the seal imprinted is recognized, the document may be presumed to have been signed by the person who signed the document while the entire document was completed, and the situation, barring any other special circumstances, such as that the person who signed the document was first affixed when the whole or part of