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(영문) 청주지방법원 2016.10.20 2015가단112399

손해배상(기)

Text

1. The Defendants jointly share KRW 30,000,000 with respect thereto to the Plaintiff and the period from December 11, 2015 to October 20, 2016.

Reasons

1. Basic facts

A. D borrowed a total of KRW 65,772,00 from November 5, 201 to May 13, 2011, and, in order to provide real estate listed in the separate sheet owned by the husband (hereinafter “instant real estate”), as security, E’s seal impression was removed, and E’s seal impression was issued.

B. Around May 17, 2011, Defendant C, who is a certified judicial scrivener in Defendant B’s office, was delegated by D with the establishment registration of the mortgage on the instant real estate, and received the said certificate of personal seal impression, seal imprint, resident registration certificate, etc., and D was not able to find the registration certificate of the instant real estate in the form of confirmation document.

C. The Defendant C, who was marks E and actually brought about the form of confirmation document, was written in writing of confirmation, and the Defendant C written in the column of E and special article E and E in the column of registration obligor. The Defendant written “h's eyebrow in the same face, h'h', h'h' and h'h' in the column of registration obligor.

The Defendants, as a mandatory agent of the Plaintiff and D, performed the registration of the establishment of a neighboring mortgage on the instant real estate on behalf of the Plaintiff, and the registration of the Cheongju District Court was completed on May 18, 201 with respect to the instant real estate as the maximum debt amount of KRW 72,00,000, and the registration of the establishment of a neighboring mortgage to the Plaintiff as the obligor D and the mortgagee (hereinafter “the registration of the establishment of a neighboring mortgage”).

E. The Plaintiff believed that the establishment registration of the instant neighboring mortgage was effective, and additionally lent KRW 50,435,000 to D from March 12, 2012 to April 14, 2012.

D On July 9, 2015, upon being sentenced to one year from the Cheongju District Court due to the crime of forging private documents, etc., the judgment was finalized around that time, and E filed a lawsuit against Cheongju District Court 2013Kadan150304 against Cheongju District Court 2013Kadan150304 against Cheongju District Court, and the said court filed a lawsuit against Cheongju District Court seeking the cancellation of the registration of creation of a neighboring mortgage of this case.