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(영문) 서울중앙지방법원 2016.09.08 2016가합524925

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the respective real estate listed in the separate sheet owned by D (hereinafter “each land of this case”) through E claimed as the Defendant’s father’s agent.

2) The Defendant is the representative director of F Co., Ltd. (G), whose trade name was changed from G Co., Ltd. to December 31, 2014; hereinafter “G”).

3) E works in G from January 2006 to April 201, 2014, and performed duties, such as identifying the market price of each of the instant lands and obtaining confirmation of the land use plan from the Defendant’s instruction. (b) The Plaintiffs’ purchase of each of the instant land 1) E bears the Plaintiff’s resident registration certificate and the registration certificate of each of the instant lands. The Plaintiff’s seal impression is forged, and the Plaintiff’s seal impression was issued on March 7, 2014, and forged the power of delegation in the name of D related to the sale of each of the instant lands on March 7, 2014.

2) On March 7, 2014, E is acting as a D’s agent even without the authority to sell each of the above lands. As above, E presents the forged seal imprint, power of attorney, the above certificate of personal seal impression, D’s resident registration abstract, and the certificate of registration of each of the instant lands to the Plaintiffs and sells each of the instant lands to the Plaintiffs (hereinafter “instant sales contract”).

After the conclusion of the contract, each registration of ownership transfer (hereinafter referred to as "each registration of ownership transfer of this case") with respect to shares of 1/2 of the lands listed in [Attachment List Nos. 1 and 2, shares of 257/513 (Plaintiff A), and shares of 256/513 (Plaintiff B) of the lands listed in [Attachment List No. 3] to the plaintiffs on the same day.

C. Along with the E criminal judgment related to the instant sales contract, Incheon District Court's Branch Branch on October 31, 2014, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the fabrication of private documents, the uttering of a falsified investigation document, the fraudulent entry into public electronic records, etc., and the use of non-public electronic records, etc.