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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.
3...
Reasons
1. On the principal lawsuit and counterclaim, the facts of the basis shall be considered together;
A. (1) The plaintiff and the defendant, the plaintiff and the defendant, the plaintiff and the defendant, the plaintiff, purchase the Dongdaemun-gu Seoul Metropolitan Government C Apartment 24 Dong 203 around November 1, 1989 and completed the registration of alteration of rights for the apartment of this case in the name of D.
(2) Around 2000, the reconstruction of the above apartment was promoted, and D was allocated to D with Dongdaemun-gu Seoul E 121 Dong 1703 (hereinafter “instant apartment”). As to the share in the site of the previous C apartment, the registration of share transfer was completed in the Plaintiff’s future on the ground of donation around September 2003, and around December 2003, D entered into an apartment supply contract with the F reconstruction Association, the implementer, and succeeded to the rights and obligations of the instant apartment.
(3) Accordingly, on December 13, 2003, the Plaintiff completed the registration of preservation of ownership of the instant apartment, and thereafter, the Plaintiff, Do governor, and Ma G resided in the instant apartment. The Defendant resided with the Plaintiff and G around April 2006, which was after D’s death, from around April 2006 to around 2013, the Defendant resided with the Plaintiff and G.
B. The preparation of the instant notarial deed and the subsequent decision to commence compulsory auction on the instant apartment was made by a notary public (1) on December 5, 201 by commission of the Defendant, which is the obligee and the obligor’s agent, and the obligee, the obligor, the Plaintiff, the obligation amount of 30 million won, the date of borrowing, October 30, 2010, and February 28, 2012. In the event the Plaintiff, who is the obligor, fails to perform the said obligation, the said notarial deed was prepared by a money loan agreement No. 632 on December 5, 2011 (hereinafter “instant notarial deed”).
(2) In entrusting the preparation of the notarial deed of this case, the Defendant submitted a proxy letter in the name of the Plaintiff and a certificate of the Plaintiff’s personal seal impression issued on November 1, 201, with the evidentiary documents regarding the right of representation, and the said power of attorney.