A. On April 10, 2009, Defendant B completed the registration of creation of a neighboring mortgage, which is the maximum debt amount of KRW 70,000,000, in relation to the construction of a newly built multi-family house at the window E-ground window in Changwon-si, Changwon-si, Seoul, in order to secure the performance and repair of defects of the construction of a newly built multi-family house at the window E-ground, which was contracted by D from D.

B. On August 20, 2009, Defendant B delegated Defendant C, a certified judicial scrivener, with the application for cancellation of the right to collateral security, and completed the registration of cancellation of the right to collateral security on August 24, 2009 by pretending that Defendant C had the certificate of completion of registration, forging the power of attorney in the name through Defendant C’s office G and submitting it to the registry.

C. At the time, G, as the secretary of Defendant C, dealt with the application for registration, and did not verify whether D, the mortgagee of the right to collateral security, has delegated the application for cancellation of the right to collateral security to Defendant B.

On November 20, 2008, the Plaintiff purchased an apartment from Defendant B in KRW 190,000,000, and completed the registration of ownership transfer in the name of the Plaintiff on August 24, 2009.

E. On January 19, 2017, D filed a lawsuit against the Plaintiff and Defendant B seeking the restoration registration of the establishment of a neighboring mortgage or the declaration of consent thereto by the Changwon District Court Decision 2016Da103692, and subsequently rendered a favorable judgment on the grounds that the registration of cancellation of the right to collateral security was completed by the same court without a legitimate cause, and becomes null and void by the forged document, which became final and conclusive thereafter.

2. Determination

A. According to the fact of recognition of the occurrence of liability for damages, Defendant B, first of all, completed the registration of cancellation of the right to representation by forging the power of attorney, and Defendant C, as an employer of G of a tortfeasor who did not verify whether the application for cancellation of the right to collateral security was delegated in violation of Article 25 of the Certified Judicial Scriveners Act, is jointly liable to compensate for the damages

As to this, Defendant C.