손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed.
2. All costs of appeal shall be borne by the plaintiff.
1. Basic facts
A. From the end of July 2004 to the beginning of August 2004, the Plaintiff loaned KRW 590 million to the co-defendant D in the first instance trial on three occasions under the joint and several guarantee of the non-party F Co., Ltd. (hereinafter “non-party Co., Ltd.”).
D and the non-party company issued and delivered a loan certificate to the Plaintiff on July 30, 2004 to the effect that “the repayment of KRW 600 million by November 4, 2004,” with respect to the repayment of principal and interest of the above loan.
B. On August 5, 2004, with respect to each real estate listed in the separate sheet owned by the non-party company (hereinafter “the instant real estate”), the registration of the establishment of a neighboring mortgage with the mortgagee as the plaintiff was revoked on August 5, 2004 (hereinafter “the instant collateral security registration”), and the registration of the instant collateral security was revoked on two occasions on August 19, 2004 and December 21, 2004, as shown in the separate sheet.
(hereinafter referred to as the registration of cancellation in this case)
The registration of the instant collateral security and each of the registrations was filed by Defendant B, a certified judicial scrivener. Defendant C (I prior to the name of the former name) was an employee of the “B certified judicial scrivener office” and was in charge of each of the above registration applications.
On the other hand, on December 22, 2004, the non-party Dongbu Mutual Savings Bank Co., Ltd. (hereinafter the non-party bank) registered the establishment of a mortgage of KRW 4 billion with the maximum debt amount of KRW 50 million with respect to the real estate of this case, but applied for voluntary auction based on the above right to collateral security around October 2006.
(J) On the date of distribution implemented on December 3, 2008, the auction court prepared a distribution schedule that distributes dividends to the head of Busanjin-gu and the bank and excludes the plaintiff from the distribution of dividends.
The plaintiff is present on the date of the above distribution, and each registration of cancellation of this case has been made without the plaintiff's consent.
Recognizing that it is "," and raising an objection against KRW 600 million out of the dividends against the defendant.
E. The Plaintiff is a non-party bank immediately after the objection is raised.