beta
(영문) 의정부지방법원 2016.07.08 2015나55466

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part concerning the defendant B and the Korean Certified Judicial Scriveners Association shall pay the following:

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit seeking the performance of the procedure for the registration of ownership transfer on the ground of termination of title trust as of October 19, 2012, with respect to each of the pertinent inheritance shares among the 42,835 square meters of land E-gun in Gyeonggi-do, Gyeonggi-do, where the Plaintiff inherited with respect to C and D, etc., and one hundred and twenty-nine square meters of land before F (the combination of each of the above land is referred to as “instant land”), and received a favorable judgment on February 14, 2013, and the said judgment became final and conclusive around that time.

B. On March 18, 2013, the Plaintiff delegated the instant application for registration of ownership transfer, etc. of the instant land to G certified judicial scrivener through H, which is a cause of the affairs of G certified judicial scrivener, (hereinafter “instant application for registration”), and prepared a power of delegation between G certified judicial scrivener and G certified judicial scrivener, and accordingly, H performed the instant application for registration on April 18, 2013, such as filing an application for inspection of the resident registration card or the issuance of a certified copy or abstract with the person liable for registration at the Government of the Republic of Korea, one of the persons liable for registration,

C. However, on April 22, 2013, when the instant application for registration was not completed, H was employed as a certified judicial scrivener on April 22, 2013, and continued to perform the said duties while working in the Defendant B’s certified judicial scrivener office. On May 29, 2013, the Plaintiff deposited KRW 2,4140,00 (hereinafter “instant money”) into the account of the Defendant B bank in accordance with the H’s order.

The instant money deposited into the said bank account under Defendant B’s name was entirely transferred on May 29, 2013, to the new bank account under H’s name.

E. H died on November 17, 2013 without paying acquisition tax on behalf of the Plaintiff or filing an application for registration in accordance with the instant application for registration, and thereafter, the Plaintiff requested Defendant B to complete the registration of transfer of ownership in accordance with the instant application for registration, but rejected.

(f) the defendant.