beta
(영문) 서울중앙지방법원 2015.01.15 2014가합8009

손해배상(기)

Text

1. As to Defendant B and C’s respective Plaintiff KRW 85,192,445 and KRW 41,527,397, Defendant B and C, respectively, from June 12, 2013, and KRW 43,65.

Reasons

The Plaintiff, on June 10, 2008, purchased each of the lands listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant land”) owned by D from D in KRW 360,000,000.

As to the land of this case at the time, Suwon District Court, Suwon District Court, Master Office, Mawon on December 22, 2006, which was received on December 22, 2006, and the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) was completed on December 21, 2006, which was based on the promise to donate. However, Defendant B was delegated with the cancellation registration of the provisional registration of this case by D, who is referred to as the agent of E, and Defendant C is the employee of Defendant B’s certified judicial scrivener office.

The defendant Association is a member of the Damage Compensation Mutual Aid Association operated by the defendant Association in accordance with the provisions of Article 67 of the Certified Judicial Scriveners Association Act and Article 8 of the Rules of the Korean Certified Judicial Scriveners Association in order to guarantee liability for damages to the delegated person of the affiliated certified judicial scrivener.

The cancellation registration of the provisional registration of this case and the registration of ownership transfer under the Plaintiff’s name were forged, and the proxy form and the certificate of personal seal impression of March 17, 2008, and the certificate of personal seal impression of May 27, 2008 were issued to Defendant B through Defendant C, and the application for cancellation registration of the provisional registration of this case was delegated to Defendant B on behalf of Defendant B.

On June 16, 2008, the Plaintiff paid the balance of the purchase price of the instant land to D.

On the same day, Defendant B filed an application for the cancellation registration of the provisional registration of this case and the ownership transfer registration of this case on June 16, 2008 with respect to the land of this case due to the cancellation on June 16, 2008, using the above documents delivered by Defendant C through Defendant C, and around that time, the cancellation registration of the provisional registration of this case and the ownership transfer registration of the Plaintiff’s name (hereinafter “instant ownership transfer registration”) were completed.

D Criminal punishment D is a promise of gift between E.