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(영문) 창원지방법원 2020.04.09 2018나59417

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff Company is a company aimed at producing and selling by-product fertilizers, and Plaintiff B is an internal director who is the representative of the Plaintiff Company.

On the other hand, Defendant C is a licensed real estate agent who has run real estate brokerage business under the trade name of “M,” and Defendant D is a certified judicial scrivener who runs the “certified judicial scrivener D office,” and Defendant E is a person who has worked as a secretary from the above certified judicial scrivener office until October 2015.

B. At around 2011, the Plaintiffs requested Defendant C to mediate the sale and purchase of each land listed in the separate sheet owned by the GJ (hereinafter “the instant land”) (hereinafter “each land”).

Accordingly, Defendant C proposed to sell each land of this case by finding H (N) who is the member of the non-party clan, and H had the right to discuss with I who is his own child.

C. At around July 2012, I received a proposal from F, an employee of the Plaintiff Company, and Defendant C for the sale of each of the instant lands. As to the sale of the said land, Nonparty C, as to the above sale of the land, intended to acquire the purchase price of the land by forging relevant documents, as if Nonparty C decided to hold a general meeting and appoint H as a representative, and sell each of the instant lands to the Plaintiffs, by deceiving the Plaintiffs.

I forged the collective resolution on July 8, 2012, including the fact that “the representative of the foreign clan is changed fromO to H” on July 24, 2012 by means of preparing the organization resolution (No. 6) in the name of seven persons, including P, etc. and affixing a seal prepared in advance on the next side, and then deliver it to Defendant E and F at the certified judicial scrivener office of Defendant D around June 24, 2013.

E. On July 10, 2013, the alteration registration was completed by changing the name of the representative of the non-party clan fromO to H with respect to each of the instant lands.

F. At November 2013, I shall hold an extraordinary general meeting at around 11:00 on November 9, 2013 and shall hold Qu Forest 96,000 square meters (the land listed in attached Table 1 prior to the division) for the non-permanent clan around 2013.