손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. From around 2005, the Plaintiff traded with the Defendant, a certified judicial scrivener, entrusted the Defendant with the registration of the establishment of a neighboring mortgage on a loan executed by the Plaintiff.
B. On October 4, 2010, the Plaintiff conducted an appraisal of each real estate listed in the separate sheet owned by C Co., Ltd. (hereinafter “C”) (hereinafter “the entire real estate of this case”) (hereinafter “the entire real estate of this case”), which is a security, prior to granting a loan to D, and obtained an appraisal of the real estate listed in paragraphs 1 through 7 (hereinafter “the entire real estate of this case”) at an appraisal price of KRW 863,082,00 among the entire real estate of this case, and the remaining real estate listed in paragraphs 8 through 14 (hereinafter “the remaining real estate of this case”) at an appraisal price of KRW 867,240,00 in total.
C. On October 20, 2010, C held a board of directors and decided to set the right to collateral security of KRW 1,430,000,000 to the Plaintiff by providing the Plaintiff with the instant entire real property as collateral in executing the loan to D.
C decided to provide the Plaintiff with other real estate owned by the company as security on the same day W, X, and Y as the debtor.
On November 2010, the Plaintiff decided to grant a loan of KRW 1.1 billion to D, and delegated the Defendant with the registration of establishment of a neighboring mortgage.
Accordingly, on November 2, 2010, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant right to collateral security”) with respect to the instant registered real property, only to the Plaintiff, the obligor D, and the maximum debt amount of KRW 1.43 billion, and the Plaintiff loaned KRW 1.1 billion to D on November 4, 2010.
E. After that, on December 15, 2010 with respect to the instant entire real estate, the establishment registration of a mortgage creation consisting of the Z, the debtor C, and the maximum debt amount of 300 million won was revoked on February 21, 201, and the establishment registration of a mortgage creation consisting of the maximum debt amount of AA, the debtor C, and the maximum debt amount of 260 million won, respectively. The mortgagee E on August 22, 201.