A. The summary of the instant case is that the Plaintiff, as a result of division of property, transferred 2/5 shares (hereinafter “B shares”) out of 698m3m2 in Seongdong-gu, Sungnam-si to Co-Defendant B (hereinafter “B”), to the Co-Defendant B of the first instance trial (hereinafter “B”), received a decision of compulsory adjustment to the effect that the Plaintiff’s remaining shares of the said land (hereinafter “instant shares”) would be paid the purchase price in the lawsuit claiming a partition of co-owned property with B, and at the same time, completed the registration of ownership transfer of the instant shares. The Defendant’s registry official’s negligence did not receive the said purchase price from B and granted the execution clause illegally to B even if the presiding judge did not order B, while the Plaintiff transferred the said shares at will and completed the provisional registration and transfer registration of ownership transfer in the name of a third party, thereby seeking compensation for damages equivalent to the above shares during the period from the transfer of the instant shares to the final judgment of cancellation claim against the Defendant.

The judgment of the first instance partially accepted the plaintiff's claim against the defendant, and the defendant appealed against the losing part.

B. The reasoning for the court’s explanation of this part of the premise facts is as stated in the reasoning of “1. Basic Facts” in the judgment of the court of first instance (excluding the part concerning Defendant B, C, and D). Therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim for damages

A. 1) The Plaintiff’s assertion that there was public official’s negligence