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1. The defendant's notary public against the plaintiff is a notary public of Law Firm C in 2007 No. 2572.
Reasons
1. Basic facts
A. A. Around October 29, 2007, the Defendant entered into a transfer and acquisition agreement with D and the Plaintiff (hereinafter “instant transfer and acquisition agreement”) to transfer KRW 82,000,000 for purchase price of KRW 82,00,000 (hereinafter “instant transfer and acquisition agreement”), and D written a loan certificate for KRW 82,00,000 as joint and several surety (hereinafter “the instant loan certificate”).
B. On October 30, 2007, F, the Defendant’s agent, and D, the Plaintiff’s agent, attached the instant transfer contract and loan certificate, and a notary public drafted a notarial deed of debt repayment contract (Quasi-Loan for Consumption) No. 2572, 207, which was written by C (hereinafter “instant notarial deed”).
C. Under the instant transfer and acquisition contract, D provides security items equivalent to the price for up to October 31, 2007 (Paragraph 3), and D and the Plaintiff provide that the contract shall be terminated unless the contract is concluded by October 30, 207, by remitting the principal amount of KRW 2,277,000 and interest of KRW 820,000 to the last day of each month from December 30, 2007 (paragraphs 4, 5, and 6). The validity of the instant transfer and acquisition contract is due to the fulfillment of the name and seal of the documentary evidence of the loan and the collateral items (Paragraph 7), and the contract shall be terminated unless the contract is concluded by October 30, 207.
(paragraph 9), d.
The loan certificate of this case set the creation of a collateral or provisional registration to F, a representative of the defendant or the defendant, using the plaintiff and D as the collateral object of G racing H as the collateral object.
E. After the instant transfer and acquisition contract, the Plaintiff and D did not make a creation of a collateral security or provisional registration on the G-owned racing-si H to F, the Defendant or the Defendant’s agent.
F. Meanwhile, on October 31, 2007, the defendant reported the closure of business to E, and the plaintiff or D did not have registered the business to E.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 to 3, the purport of the whole pleadings
2. The parties' arguments.