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(영문) 서울중앙지방법원 2017.07.21 2016가합559075

손해배상(기)

Text

1. The Defendant’s KRW 169,200,000 for the Plaintiff and 5% per annum from July 7, 2016 to July 21, 2017.

Reasons

1. Facts of recognition;

A. C is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and D is the former husband of C in a marital relationship with C from February 1991 to May 2014.

B. Upon introduction of E, the Plaintiff lent to D 2.5% of the interest rate of KRW 200 million on March 7, 201, and the due date of repayment as of September 7, 2011. On March 15, 2011, the Plaintiff determined and lent KRW 300 million on March 15, 201 as interest rate of KRW 2.5%, and due date of repayment as of September 15, 2011. D refers to the Plaintiff’s agent upon the Plaintiff’s request for a security prior to the aforementioned lending date, and the Plaintiff’s agent is the Plaintiff’s agent. As to the instant real estate, the instant mortgage contract was concluded on March 4, 201, with the obligor, D, and the Plaintiff as the mortgagee, with the maximum debt amount of KRW 390 million on March 14, 2011, and each contract establishing a mortgage as of March 14, 2011.

(B) Each of the above collateral security rights (hereinafter collectively referred to as the “each of the instant collateral security rights”). However, C had been staying in the United States since August 2009, around one year and seven months before each of the instant collateral security rights was created, and D had not granted the power of representation regarding the establishment of each of the instant collateral security rights.

C. Around that time, D obtained C’s certificate of personal seal impression on behalf of a certified judicial scrivener, and entrusted the Defendant, who is a certified judicial scrivener, with the affairs of applying for registration of the establishment of each of the instant neighboring areas, submitted or presented the certificate of personal seal impression and C’s certificate of personal seal impression, registration right certificate, etc. to F, and affixed C’s certificate of personal seal impression on the part of the certified judicial scrivener.

Accordingly, the defendant handled the application for registration of the establishment of each of the following areas of this case.

On July 25, 2013, the Plaintiff filed an application for voluntary auction of real estate with the Seoul Central District Court G on the instant real estate on July 25, 2013 and rendered a decision to commence the auction on July 26, 2013.

E. C around April 2014, the Seoul Central District Court 2014Gahap23527 each of the instant cases.