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. The reasoning of this court concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion I et al. received an order of this case against the Plaintiff based on the authentic deed of promissory notes prepared by the Defendant to I et al.
In addition, I et al. applied for a compulsory auction on the apartment of this case based on a provisional seizure that made the claim for the total amount of the above claim as a claim claim, and the plaintiff eventually lost ownership of the apartment of this case.
However, the defendant filed a lawsuit of objection against the Notarial Deed, which is the executive title of the assignment order of this case, and was sentenced in the first instance court to deny compulsory execution based on the above Notarial Deed, and the appellate court also rendered a judgment to the same effect.
The defendant is negligent in entering into a contract with I, etc. without the resolution of the union general meeting, and the above contract for sale is null and void. Therefore, even though there is no liability for damages arising therefrom, it is excessive and there is negligence in preparing a authentic deed with I, etc.
The defendant's negligence was forced to execute the apartment of this case, and the plaintiff suffered damages equivalent to KRW 77,00,000, which is the amount of claims indicated in the assignment order of this case.
Therefore, the defendant is liable to compensate the plaintiff for damages of KRW 77,00,000.
3. In the compulsory execution procedure against a monetary claim whose title is a notarial deed drawn up based on a valid commission of the debtor or his/her agent to make a judgment and an expression of intent of recognition of execution, even if there is any ground for invalidation on a legal act, which serves as the basis of the claim indicated on the notarial deed, if the compulsory execution procedure continues to proceed without lawfully cancelling or suspending it through litigation of objection to the claim, and the seizure and assignment order of the claim becomes legally final and conclusive.