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(영문) 서울고등법원 2014.12.17 2014나2017136

손해배상

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On April 3, 200, the Defendant and B were legal couples who completed the marriage report on April 3, 200. B was in office due to the bankruptcy of the company run by the father immediately after marriage, and became the executive officers of the above company and became bad credit holders. 2) On November 21, 2000, the Defendant acquired D apartment 213 Dong 1802 (hereinafter “the apartment of this case”) located in Yongsan-gu Seoul Metropolitan Government on November 21, 200, and requested for the payment of the project funds to the National Bank. Upon the Defendant’s request for the payment of the project funds, the Defendant completed each registration of the establishment of the mortgage amount of KRW 66 million with the maximum debt amount of KRW 26 million with the maximum debt amount of KRW 2,64 million with the maximum debt amount of KRW 2,64 million with the security on April 20, 200, and received from the National Bank around December 5, 2005 and around 30 million won.

3) On October 29, 2003, the Defendant had completed the registration of creation of a neighboring mortgage of KRW 28 billion to the National Bank on October 29, 2003, and had a restaurant opened with a loan of KRW 160 million from the National Bank on October 31, 2003. (4) On December 10, 2006, the Defendant leased the apartment of this case to the National Bank of Korea Co., Ltd. (hereinafter “Satachi Korea”) with a lease deposit of KRW 20 million and monthly rent of KRW 20 million, and completed the registration of establishment of the lease on November 13, 2007.

B. On December 17, 2008, B obtained a personal seal impression issued by the Defendant on the grounds that it is necessary to open a motion picture production company’s wage passbook, and the name of B was changed to the Korea Standards Dold Bank on December 19, 2008 (hereinafter “Korea Standards Dold Bank”) on December 11, 201, by forging documents under the Defendant’s name and submitting the said certificate of personal seal impression.

hereinafter referred to as “SC Bank”);

As to the apartment of this case, the registration of creation of a mortgage over the maximum debt amount of 300 million won shall be completed, and under the name of the defendant.