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(영문) 서울고등법원 2015.04.29 2014나17789

기타(금전)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Grounds for this part of the reasoning of the judgment of the court of first instance are examined as follows.

The reasoning of the judgment of the court of first instance is the same as that of Paragraph 1, except for the cases of using a claim as described below, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

C. Defendant C, including the cancellation of the provisional registration of this case, filed an application for cancellation registration of the provisional registration of this case on October 13, 2009 with respect to some households, such as No. 101, Dong 101, Dong 101, etc., for cancellation of the provisional registration of this case due to the cancellation on September 28, 2009, using the power of delegation, certificate of registration right, certificate of personal seal impression, etc. under the names of the plaintiffs, which were kept in custody by Defendant C, including the cancellation of the provisional registration of this case, and the provisional registration of this case was cancelled on September 28, 2009. The above provisional registration was cancelled on October 28, 2009 on the ground of cancellation on September 28, 2009.

2. The plaintiffs' assertion

A. Defendant C, a certified judicial scrivener for damages arising from a tort, has the duty to apply for the cancellation registration of the provisional registration of this case by using the documents under custody after confirming that the plaintiffs received KRW 100 million each of them according to the agreement of this case.

Nevertheless, Defendant C has a duty to pay KRW 100 million to the Plaintiff Company and KRW 200 million to the Plaintiff Company as compensation for damages caused by tort since the provisional registration of this case was cancelled by filing an application for cancellation registration without permission in violation of its duty.

Article 26(1) of the Certified Judicial Scriveners Act (Liability for Damages) (1) of the Certified Judicial Scriveners Act (Liability for Damages) (1) of the Certified Judicial Scriveners Act in relation to Defendant C’s above illegal acts shall be liable to compensate for the damage in case where the certified judicial scrivener intentionally or negligently causes the damage to his property to the mandator.

Article 67 (Mutual Aid Project) (1) The Korean Certified Judicial Scriveners Association shall be under Article 26.