손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 7, 2007, the Plaintiff asserted that on August 7, 2007, as to the right to collateral security and superficies of Pyeongtaek Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”), Defendant B, by forging the documents under the Plaintiff’s name on August 7, 2007, the Plaintiff created a collateral security and superficies equivalent to KRW 26 million with respect to the Plaintiff’s obligor and the maximum amount of debt, and thus, Defendant B is liable to compensate the Plaintiff for the damages incurred by the tort.
According to the records No. 1, the registration of the establishment of a mortgage and the registration of the creation of a superficies, such as the plaintiff's assertion, is recognized in the name of Bupyeong Agricultural Cooperatives, but there is no evidence to acknowledge that Defendant B forged documents under the name of the plaintiff, thereby establishing a collateral security and superficies.
In addition, even if Defendant B had established the above collateral security and superficies with his own discretion on it, according to the above records, it can be acknowledged that the Bupyeong Doctrine had been granted a decision on voluntary commencement of auction based on the above collateral security and had it proceed with the auction procedure on May 6, 2009, but at the same time the auction procedure was terminated by withdrawing a request for auction on May 6, 2009, and at the same time the above registration on the establishment of a collateral security and the registration on the creation of a superficies was cancelled on the ground of termination of each contract. As long as the above registration on the establishment of a mortgage and the registration
Therefore, the plaintiff's claim for this part is without merit.
2. Defendant C’s claim for damages relating to the right to collateral security and superficies as of May 4, 2009, Defendant C and E, and the right to collateral security as of October 11, 2010, by forging documents in the name of the Plaintiff as to the instant real estate, the Plaintiff, in collusion with Defendant C on May 4, 2009, shall be limited to KRW 45 million against Defendant C and the maximum debt amount.