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(영문) 광주고등법원 2018.02.09 2017나17

손해배상(기)

Text

1.(a)

Of the judgment of the first instance court, the part against Defendant C ordering payment in excess of the following money:

Reasons

1. Facts of recognition;

A. 1) B and E fishery partnership corporations (hereinafter “E”)

(2) The Plaintiff is a person who purchased each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”) and each of the real estate listed in the separate sheet No. 2 in the separate sheet No. 1 (hereinafter “instant real estate”) from B and G, Defendant C and D are the employees of the certified judicial scrivener office of Defendant C, and the certified judicial scrivener S are the employees of the certified judicial scrivener office of Defendant C.

B. The first and second registration of the establishment of a mortgage and the first registration of the cancellation of the registration of the establishment of a mortgage on the first and second real estate, F and B directors, and U representative director of F and B requested the defendant C to file an application for the registration of the juristic person, which were found to the certified judicial scrivener office of the defendant C in Yong-do, Jeonnam-do, and requested the defendant C and employees S to process the registration of the juristic person in the name of the defendant C and C to process the documents in the name of the company in Seoul. 2) T sent documents and seals necessary for the registration of the establishment of a mortgage on the first and subsequent real estate to the defendant C's certified judicial scrivener office on December 2012, 2012. G received on January 10, 2013 the application for the registration of the ownership transfer in the future of the first real estate of this case by telephone, and S completed the registration.

3) On the other hand, around December 28, 2012, the instant real estate No. 1 and G ownership of the instant real estate No. 2, the maximum debt amount of which is KRW 180,00,000, and the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage No. 1”) with the debtor G and the mortgagee I.

G) On January 28, 2013, G guarantees the obligation to return KRW 430,00,000,000, the investment amount of W (before the opening of the name: H; hereinafter referred to as “W”) invested by telephone to S. on January 28, 2013.