beta
(영문) 서울고등법원(춘천) 2015.02.02 2014나1404

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is set forth in Article 2.B. of the reasoning of the judgment of the first instance.

C. This part of the claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, given that the reasoning for the judgment of the first instance is the same as that of the following.

2. Parts used by this court;

2.(b)

M, who is a public official of the defendant's assertion, did not verify the authenticity of the letter of guarantee of this case prepared by the plaintiffs and issued a confirmation document in violation of the procedures prescribed by law, and the registration of establishment of a neighboring district credit union was completed based on it. However, the above letter of guarantee, etc. was revealed to be false and subsequently, the plaintiffs paid damages equivalent to the principal and interest of loan to the mortgagee on the ground that the registration was completed by the cancellation of the above certificate of establishment registration, etc., the above letter of guarantee, etc. was made by the plaintiffs. Thus, the defendant liable for joint tort against the mortgagee pursuant to the State Compensation Act is obliged to pay the amount of indemnity to the plaintiffs according

2.(c)

Articles 10(3), (4), (5), and 11(2) of the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) and Article 13(2) of the former Enforcement Decree of the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Presidential Decree No. 19196, Dec. 28, 2005; hereinafter “Enforcement Decree of the Special Measures Act”) shall notify the guarantor of the punishment for false certification and confirm the purport of the guarantee. The competent authority in receipt of an application for issuance of a written confirmation shall not only instruct the guarantor of the punishment for false certification, conduct a field investigation on the relevant real estate, but also shall obtain a public notice for more than two months, but also shall make the land register and building register without delay.